Julius Thuranira Milune & another v Ibrahim M’elaku [2021] KEHC 7493 (KLR)
- Court
- High Court of Kenya
- Case number
- 7493
- Citation
- [2021] KEHC 7493 (KLR)
- Decided
- 29 April 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to appeal out of time and other ancillary reliefCoramCHERERE-
Holding
The Applicants are granted leave to file an appeal out of time and the firm of Kuria Karatu & Co. Advocates is allowed to come on record for the Applicants.
Facts
The Applicants were ordered to pay Kshs. 800,000 to the Respondent in an ex parte judgment in 2016. They sought to set aside the judgment and file an appeal, but were unsuccessful. They later sought to file an appeal out of time and other relief.
Issues
- Whether the firm of Kuria Karatu & Co. Advocates be allowed to come on record for the Applicants
- Whether Applicants ought to be granted leave to file an appeal out of time and the annexed memorandum of appeal be deemed as duly filed
- Whether there ought to be Stay of execution of judgment in TIGANIA CMCC NO. 16 OF 2015 pending the hearing
- Who should bear the costs of this application
Reasoning
The court allowed the application due to the Applicants' explanation for the delay in filing the appeal, which was not found to be meritorious. The court also found that the appeal raises triable issues.
Outcome
The application is allowed.
Orders
- Applicants are granted leave to file an appeal out of time
- The firm of Kuria Karatu & Co. Advocates is allowed to come on record for the Applicants
Remedies
- Leave to file an appeal out of time
- Allowance of the firm of Kuria Karatu & Co. Advocates to come on record for the Applicants
Authorities cited
Legislation (5)
- Civil Procedure Act Cap 21 Laws of Kenya
- Order 9 rule 9
- Order 50 of the Civil Procedure Rules
- Section 95 of the Act
- Section 79G of the Civil Procedure Act
Cases cited (2)
- Mwangi v Kenya Airways Ltd [2003] KLR
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
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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