Customer Support

BENEDICT MWAZIGHE & ANOTHER
V.
GASPER WALELE & 2 OTHERS

(2011) JELR 105670 (CA)

Court of Appeal 4 Mar 2011 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application 255 of 2010
Judges:Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu
Location:Malindi
Other Citations:BENEDICT MWAZIGHE & another v. GASPER WALELE & 2 others [2011] eKLR

RULING OF THE COURT

On 2nd November, 2007, the superior court (Khaminwa J.) delivered judgment in Civil Suit No. 189 of 1994. The respondents in this notice of motion, Gasper Walele, Crispus Msafwari and Taita Ranching Company Ltd, claim that they were not present in court on that date and neither were their advocates present. They came to know of the decision on 21st November, 2007. When they knew of the decision, they felt aggrieved with it and decided to appeal against it. Through their advocates, they filed notice of appeal in the superior court on that date. They however, did not write to the superior court to seek copies of proceedings and judgment. On 14th December, 2007, they filed chamber summons dated the same day and they sought in that chamber summons two prayers which were that the time for filing notice of appeal be extended to cover the period upto and including 22nd November, 2007, and that there be a stay of execution of the judgment delivered on 2nd November, 2007. Th…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.