Njuguna Ngugi v Godfrey Adhiambo Oyoo [2021] KEHC 8219 (KLR)
- Court
- High Court of Kenya
- Case number
- 8219
- Citation
- [2021] KEHC 8219 (KLR)
- Decided
- 11 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for leave to appeal out of time and stay of executionCoramS. Chitembwe
Holding
The application is granted on condition that the applicant provides a bank guarantee for the sum of Kshs. 600,000 within 45 days and files and serves the Memorandum of Appeal within 14 days.
Facts
The plaintiff filed an application seeking leave to appeal out of time against a judgment in Milimani Commercial Court Case No. CMCC 10351 of 2018, and a stay of execution pending the appeal.
Issues
- Whether the application for leave to appeal out of time should be granted
- Whether the application for stay of execution should be granted
- Whether the supporting affidavit is competent
Reasoning
The court found the delay in filing the application reasonable, considering the circumstances and the plaintiff's willingness to provide security. The court also found that the appeal has high chances of success.
Outcome
Granted
Orders
- Grant leave to appeal out of time
- Stay execution pending the hearing and determination of the application
Remedies
- Bank guarantee for Kshs. 600,000
- File and serve the Memorandum of Appeal within 14 days
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (4)
- JULIUS KAMAU KITHAKA –V- WARUGURU KITHAKA NYAGA & 2 OTHERS: C.A. No 14 of 2013
- SAMUEL MWAURA MUTHUMBI –V- JOSEPHINE WANJIRU NGUGI & ANOTHER (2018) eKLR
- ATHUMAN NUSURA JUMA –V- AFWA MOHAMED RAMADHAN C.A NO. 227 of 2015
- P.M.M. PRIVATE SAFARIS –V- KEVIN IJATIA (2006) eKLR Misc Application 232 of 2006
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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