Mombasa Khushi Motors Company Limited v Mbuthia & another (Civil Application E019 of 2023) [2024] KEHC 804 (KLR) (30 January 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 804
- Citation
- [2024] KEHC 804 (KLR)
- Decided
- 30 January 2024
The court granted leave to appeal out of time and the stay of execution pending appeal.
Facts
The applicant, Mombasa Khushi Motors Company Limited, was served with a proclamation notice on 23/05/2023, informing them of a judgment entered against them on 16/07/2018. The 1st Respondent, David Kinyanjui Mbuthia, obtained warrants of attachment of movable property in the execution of a decree against the applicant. The applicant intends to file an appeal against the judgment.
Issues
- Whether the applicant should be granted leave to appeal out of time.
- Whether the applicant has demonstrated that the orders of stay of execution pending appeal are merited.
Reasoning
The court considered the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent. The court found that the delay was reasonable and that the appeal has a reasonable chance of success.
Outcome
Leave to appeal out of time granted and stay of execution pending appeal granted.
Orders
- Leave to appeal out of time granted.
- Stay of execution pending appeal granted.
Remedies
- The applicant will be granted leave to appeal out of time.
- The execution of the judgment will be stayed pending the appeal.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Section 79G of the Civil Procedure Act
- Thuita Mwangi –vs- Kenya Airways Limited [2003] eKLR
Loading judgment…