Mwai & 2 others v Maina (Civil Appeal E062 of 2025) [2025] KEHC 18436 (KLR) (15 December 2025) (Ruling)

Mwai & 2 others v Maina (Civil Appeal E062 of 2025) [2025] KEHC 18436 (KLR) (15 December 2025) (Ruling)

The delay in filing the appeal was not inordinate and was excusable due to the applicants having to find a new advocate. The appeal is not idle and has chances of success. Leave to appeal out of time is granted. Stay of execution is granted on condition that Ksh. 150,000 is deposited in court within 45 days.

Citation
[2025] KEHC 18436 (KLR)
Parties
Applicant/appellant: Naomi Muthoni Mwai; Applicant/appellant: Elijah Mwai Wanjogu; Applicant/appellant: Beth Njeri Mwai; Respondent: Mary Wanjiru Maina
Court
High Court
Jurisdiction
Kenya
Judgment Date
15 December 2025
Case Number
Civil Appeal E062 of 2025
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
Outcome
application allowed in part
Legal Topics
Stay of Execution, Leave to Appeal Out of Time, Extension of Time, Security for Costs
Source Language
English
Civil Procedure Stay of Execution Leave to Appeal Out of Time Extension of Time Security for Costs

Case Brief

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Parties

Naomi Muthoni Mwai

Applicant/appellant

Elijah Mwai Wanjogu

Applicant/appellant

Beth Njeri Mwai

Applicant/appellant

Mary Wanjiru Maina

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave should be granted to file appeal out of time
  2. 2 Whether stay of execution should be granted pending appeal
  3. 3 Whether delay in filing appeal was inordinate or excusable

Ratio Decidendi

The delay in filing the appeal was not inordinate and was excusable due to the applicants having to find a new advocate. The appeal is not idle and has chances of success. Leave to appeal out of time is granted. Stay of execution is granted on condition that Ksh. 150,000 is deposited in court within 45 days.

Court Disposition

application allowed in part

Orders

  • Leave granted to file appeal out of time from judgment and decree in Nyeri SCCC Comm. No. E164 of 2024 within 21 days
  • Stay of execution of judgment and decree in Nyeri SCCC Comm. No. E164 of 2024 pending intended appeal