[2018] KEHC 2535 (KLR)
The court found that the applicant had made out a sufficient case for the extension of leave to appeal and stay of execution. The judge considered the submissions and affidavits filed by both parties and determined that the interests of justice would be served by granting the extension sought. The court exercised...
Source-derived case information.
- Citation
- [2018] KEHC 2535 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2501 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Extension of Leave to Appeal and Stay of Execution
- Outcome
- application allowed
- Judges
- DN Musyoka, MW Muigai
- Legal Topics
- Extension of Time, Stay of Execution, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Extension of Leave to Appeal and Stay of Execution
Legal Issues
- 1 Whether the applicant has established sufficient grounds for extension of leave to appeal.
- 2 Whether the applicant is entitled to an extension of stay of execution of the judgment.
Ratio Decidendi
The court found that the applicant had made out a sufficient case for the extension of leave to appeal and stay of execution. The judge considered the submissions and affidavits filed by both parties and determined that the interests of justice would be served by granting the extension sought. The court exercised its discretion to allow the application in terms of the prayers specified, extending both leave to appeal and stay of execution for forty-five days from the date of the ruling. Costs were ordered to abide the outcome of the proposed appeal.
Court Disposition
application allowed
Orders
- Leave to appeal is extended by forty-five (45) days from the date of the ruling.
- Stay of execution of the judgment is extended by forty-five (45) days from the date of the ruling.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2501 OF 2003
IN THE MATTER OF THE ESTATE OF ANDREW MUNGAI MUTHEMBA (DECEASED)
RULING
1. The summons dated 22nd February 2018 seeks extension of leave to appeal and of stay of execution of the judgement on record. The application is opposed vide the affidavit reply sworn on 25th April 2018.
2. Both sides have filed written submissions on the application, which I have read through and noted the arguments made. I am satisfied that a case has been made out for the extension sought.
3. I shall accordingly allow the application in terms of prayers 3 and 4 thereof. Leave to appeal and stay of execution of the judgment is extended by forty-five (45) days from date hereof. Costs shall abide the outcome of the proposed appeal.
DATED and SIGNED at KAKAMEGA this 19TH DAY OF OCTOBER, 2018.
W. MUSYOKA
JUDGE
DELIVERED, DATED and SIGNED at NAIROBI this 25TH DAY OF OCTOBER, 2018.
M. MUIGAI
JUDGE