Mbatha v Kimwele & another (Suing as legal representatives and administrator of the Estate of Kimanzi Mutua - Deceased) (Miscellaneous Civil Case E015 of 2025) [2025] KEHC 18591 (KLR) (17 December 2025) (Ruling)

Mbatha v Kimwele & another (Suing as legal representatives and administrator of the Estate of Kimanzi Mutua - Deceased) (Miscellaneous Civil Case E015 of 2025) [2025] KEHC 18591 (KLR) (17 December 2025) (Ruling)

The applicant provided a reasonable explanation for the delay, the intended appeal is arguable, and the delay was not inordinate. Leave to appeal out of time is granted. Stay of execution is granted on condition that the applicant deposits the full decretal sum in a joint interest-earning account within 30 days; otherwise, execution to issue. Security for costs is necessary to balance the parties' interests.

Citation
[2025] KEHC 18591 (KLR)
Parties
Applicant: Johnson Kasumba Mbatha; Respondent: Daniel Mutual Kimwele; Respondent: Elizabeth Muli
Court
High Court
Jurisdiction
Kenya
Judgment Date
17 December 2025
Case Number
Miscellaneous Civil Case E015 of 2025
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Outcome
Application allowed with conditions
Legal Topics
Extension of Time to Appeal, Stay of Execution, Judicial Discretion, Security for Costs
Source Language
English
Civil Procedure Extension of Time to Appeal Stay of Execution Judicial Discretion Security for Costs

Case Brief

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Parties

Johnson Kasumba Mbatha

Applicant

Daniel Mutual Kimwele

Respondent

Elizabeth Muli

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution

Legal Issues

  1. 1 Whether sufficient reasons have been tendered to extend time for filing the appeal
  2. 2 Whether there are sufficient grounds to grant an order of stay of execution

Ratio Decidendi

The applicant provided a reasonable explanation for the delay, the intended appeal is arguable, and the delay was not inordinate. Leave to appeal out of time is granted. Stay of execution is granted on condition that the applicant deposits the full decretal sum in a joint interest-earning account within 30 days; otherwise, execution to issue. Security for costs is necessary to balance the parties' interests.

Court Disposition

Application allowed with conditions

Orders

  • Leave granted to file appeal out of time
  • Draft memorandum of appeal deemed duly filed