Njuguna v Kimotho (Civil Appeal E060 of 2023) [2026] KEHC 2780 (KLR) (27 February 2026) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2780
- Citation
- [2026] KEHC 2780 (KLR)
- Decided
- 27 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent opposed the applicant's application for stay of execution pending appeal.CoramFN MUCHEMI
Holding
The application for stay of execution pending appeal was denied.
Facts
The applicant filed a Notice of Appeal on 28 October 2025, five days after the judgment was delivered on 9 October 2025, without court leave.
Issues
- Whether the applicant's Notice of Appeal was filed within the statutory time limit.
- Whether the applicant's appeal is arguable and valid.
Reasoning
The court ruled that the applicant's Notice of Appeal was filed out of time without court leave, and that the appeal was not arguable.
Outcome
The application was denied.
Orders
- The court denied the application for stay of execution pending appeal.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Court of Appeal Rules 2022
Cases cited (3)
- Civil Appeal E172 of 2023
- Bookpoint Limited vs Guardian Bank Limited & Another
- Ishmael Kagunyi Thande vs Housing Finance Kenya Ltd
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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