Shades Horticulture Ltd v Hydro Water Well (K) Limited [2021] KEHC 8968 (KLR)
- Court
- High Court of Kenya
- Case number
- 8968
- Citation
- [2021] KEHC 8968 (KLR)
The 1st application is granted to the extent of allowing the applicant 30 days from the date of delivery and release of the ruling to file an appeal out of time. The 2nd application is dismissed.
Facts
The applicant filed an application for extension of time and leave to file an appeal out of time due to the closure of the court due to the COVID-19 pandemic. The applicant also sought a stay of execution of the decree and judgment in Nairobi CMCC No. 4489A.
Issues
- Whether the applicant should be granted leave to extend time and leave to file an appeal out of time.
- Whether an order should be issued to grant a stay of execution of the decree, judgment and all subsequent proceedings in Nairobi CMCC No. 4489A.
- Whether an order of stay should be issued to grant a stay, review, vary and/or set aside the order issued on 22nd July 2020 requiring the Applicant to deposit half the decretal amount?
Reasoning
The court found that the applicant had plausible reasons for not appealing on time due to the court closure due to the COVID-19 pandemic. The court also ruled that the applicant has not established sufficient grounds to warrant the court to review, vary and/or set aside the order issued on 22nd July, 2020.
Outcome
The 1st application is granted, the 2nd application is dismissed.
Orders
- The Applicant is granted 30 days from the date of delivery and release of the ruling to file an appeal out of time.
- The stay of execution pending appeal is conditional to furnishing of security as imposed by the Trial Court otherwise it is not granted.
Remedies
- 30 days to file an appeal out of time.
- Conditional stay of execution pending appeal.
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