Gatheca & another (Sued in their capacity as Chairman and Treasurer of Miri-ini Mixed Organic Farmers (CBO)) v Mwaura & 61 others (Civil Appeal E210 of 2023) [2023] KEHC 27004 (KLR) (19 December 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 27004
- Citation
- [2023] KEHC 27004 (KLR)
- Decided
- 19 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a subordinate court to the High CourtCoramFN MUCHEMI
Holding
The court should exercise its discretion to grant the applicants leave to file their appeal out of time.
Facts
Not explicitly stated in the provided text.
Issues
- Whether the court should exercise its discretion to grant the applicants leave to file their appeal out of time.
- Whether the applicants have met the prerequisite for grant of stay of execution pending appeal.
Reasoning
Section 79G of the Civil Procedure Act requires applicants to show good and sufficient cause for not filing the appeal in time. The court found that the applicants had good cause for filing the appeal out of time.
Outcome
Leave to appeal granted
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Nicholas Kiptoo Korir arap Salat vs IEBC and 7 Others [2014] 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.
Loading judgment…