Salim Seif Salim Badi v Patience Nyamvula Mganga & 3 others [2021] KEHC 5088 (KLR)
- Court
- High Court of Kenya
- Case number
- 5088
- Citation
- [2021] KEHC 5088 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for extension of time to appeal and stay of executionCoramHon. Justice R. Nyakundi, M.S.Shariff & Company Advocates for the Plaintiff, Kimondo Gachoka & Company Advocates for the Intended Appellant
Holding
The court grants the application for extension of time to appeal but denies the stay of execution.
Facts
The applicant seeks to appeal a judgment from Kilifi Senior Principal Magistrate Court Civil Suit No.216 of 2018, delivered on 3 June 2020, and requests a stay of execution pending the appeal.
Issues
- Extension of time to appeal
- Stay of execution
Reasoning
The court finds the applicant's reasons for delay insufficient but grants the application due to the high chances of success and the potential irreparable loss if the appeal is denied.
Outcome
Application granted for extension of time to appeal but denied for stay of execution.
Orders
- Grant leave to appeal out of time
- Direct Executive Officer to deliver court file for appeal
- Stay of execution pending appeal
Remedies
- Extension of time to appeal
Authorities cited
Legislation (5)
- Civil Procedure Act
- Order 11 rule 22
- Order 42 rule 6
- Order 50 rule 6
- Order 51 Rules 1 and 3
Cases cited (4)
- Salat v IEBC & 7 Others [2014] eKLR
- Paul Wanjohi Mathenge v Duncan Gichane Mathenge [2013] eKLR
- Mwangi v Kenya Airways Ltd [20003] KLR 486
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi CA No. 255 of 1997
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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