MUCHUGI KIRAGU vs JAMES MUCHUGI KIRAGU & ANOTHER [1998] KECA 81 (KLR)
- Court
- Court of Appeal
- Case number
- 81
- Citation
- [1998] KECA 81 (KLR)
- Decided
- 6 February 1998
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to appeal out of timeCoramJ. E. GICHERU, A. M. AKIWUMI, A. B. SHAH
Holding
The Court grants an extension of 30 days from the date of the judgment to lodge the record of appeal.
Facts
The applicant filed his Notice of Appeal on 20th May, 1992, but the Certificate of Delay was not ready for collection until 7th October, 1996, and the application for extension of time was filed on 18th November, 1996.
Issues
- Whether the applicant's delay in filing the application for extension of time was inordinate.
- Whether the applicant's poverty was a valid reason for the delay.
Reasoning
The Court granted the extension because the delay was not inordinate and the applicant had valid reasons for the delay, including the need to raise funds for court and advocates fees.
Outcome
The applicant's reference must succeed and an extension of 30 days is granted.
Orders
- Extension of 30 days to lodge the record of appeal
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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