Diamond Trust Bank Kenya Limited v Ronak Agrovet Limited [2021] KEHC 8547 (KLR)
- Court
- High Court of Kenya
- Case number
- 8547
- Citation
- [2021] KEHC 8547 (KLR)
- Decided
- 10 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent opposed, applicant sought orders to stay execution of judgment and extend time to file appealCoramS. N RIECHI, KLR Waki
Holding
The applicant is granted leave to appeal to this court within 30 days and is required to deposit the decretal sum in a joint interest earning account in a reputable bank in the names both counsel within 30 days from the date of ruling.
Facts
Judgment in Bungoma CMCC No. 528 of 2018-Ronak Agrovet Limited Vs Diamond Trust Bank Kenya Limited was delivered in absentia on 30th April 2020. The applicant filed the application on 8th September 2020.
Issues
- Whether the applicant has made out a case to warrant and extension of time to file appeal out of time.
- Whether or not to grant orders of stay of execution pending appeal to this court.
Reasoning
The court considered the applicant's delay in filing the appeal and the substantial loss that would be incurred if the orders were not granted. The applicant satisfied the condition of depositing the decretal sum.
Outcome
The applicant is granted leave to appeal and ordered to deposit the decretal sum.
Orders
- The applicant is granted leave to appeal to this court within 30 days.
- The applicant is required to deposit the decretal sum in a joint interest earning account in a reputable bank in the names both counsel within 30 days from the date of ruling.
Remedies
- Leave to appeal granted.
- Deposit of decretal sum in a joint interest earning account in a reputable bank in the names both counsel within 30 days from the date of ruling.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (6)
- Samuel Mwaura Muthumbi Vs Josephine Wanjiru Ngugi & Another (2018)eKLR
- Efraim Yossef Vs Rosemary W. Kihiu (2018)eKLR
- Stanley kangethe Kinyanjui vs Tony Ketter & 5 Others (2013)eKLR
- Nicholas Kiptoo Arap Korir Salat Vs. The Independent Electoral and Boundaries Commission & 7 Others (2014) eKLR
- James Wangalwa & Another Vs Agnes Naliaka Cheseto (2012 eKLR)
- Mwaura Karuga t/a Limit Enterprises vs. Kenya Bus Services Ltd & 4 Others [2015] 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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