Principal Kathiani High School & another v Joseph Mbugua Githehu t/a Mwaki Jumla Supplies [2021] KEHC 8940 (KLR)
- Court
- High Court of Kenya
- Case number
- 8940
- Citation
- [2021] KEHC 8940 (KLR)
- Decided
- 24 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for extension of time to file an appeal and stay of execution of judgmentCoramOdunga, J
Holding
The court granted the application for an extension of time to file the appeal and a stay of execution of the judgment pending the hearing and determination of the intended appeal.
Facts
The applicants sought to appeal a judgment issued by Chief Magistrate Hon. A. G. Kibiru on 13 May 2020, but were unable to file the appeal due to a delay caused by the COVID-19 pandemic and the failure to receive a copy of the judgment in time.
Issues
- Whether the applicants have a good cause for not filing the appeal in time
- Whether the court should grant an extension of time to file the appeal
Reasoning
The court considered the Civil Procedure Act and relevant case law, finding that the applicants had a good cause for the delay and that the court should grant the extension of time.
Outcome
The application was granted.
Orders
- Extension of time to file the appeal
- Stay of execution of the judgment pending the hearing and determination of the appeal
Remedies
- Extension of time to file the appeal
- Stay of execution of the judgment
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (6)
- Feroz Begum Qureshi and Another vs. Maganbhai Patel and Others [1964] EA 633
- Daphne Parry vs. Murray Alexander Carson [1963] EA 546
- First American Bank of Kenya Ltd vs. Gulab P Shah & 2 Others Nairobi (Milimani) HCCC NO. 2255 of 2000 [2002] 1 EA 65
- Ngoso General Contractors Ltd. vs. Jacob Gichunge Civil Appeal No. 248 of 2001 [2005] 1 KLR 737
- Leonola Nerima Karani vs. William Wanyama Ndege Civil Application No. Nai. 21 of 2007
- Kisumu Paper Mills Ltd vs. National Bank of Kenya Ltd & 2 Others Kisumu HCCC No. 413 of 2001
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.
Loading judgment…