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People Media Group Limited & another v William Kimutai B. Keitany [2021] KEHC 8214 (KLR)

[2021] KEHC 8214 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8214
Citation
[2021] KEHC 8214 (KLR)
Decided
4 March 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to file appeal out of time and stay of executionCoramC. W. Githua
Holding

The court grants leave to file the appeal out of time but denies the prayer for stay of execution.

Facts

The applicants, People Media Group Limited and Anna Wairimu, sought leave to file an appeal against the trial court's decision in several consolidated cases due to delays in filing the appeal due to the COVID-19 pandemic and other bureaucratic issues.

Issues

  1. Whether the applicants have demonstrated good and sufficient cause to warrant the exercise of the court's discretion in granting leave to file an appeal out of time.
  2. Whether the court should grant a stay of execution pending the appeal.

Reasoning

The court finds that the applicants have demonstrated good cause for filing the appeal out of time, but there is no existing appeal pending, thus no grounds for a stay of execution.

Outcome

The court grants leave to file the appeal out of time and grants a temporary stay of execution for 14 days.

Orders

  • Leave to file the appeal out of time granted.
  • Temporary stay of execution granted for 14 days.

Remedies

  • Costs awarded to the respondent.

Authorities cited

Legislation (1)
  • Civil Procedure Rules
Cases cited (1)
  • Subru Motors Limited v Linet Nehema Onyoni & 2 Others, [2020] 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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