MWALIMU CO-OPERATIVE SAVINGS & CREDIT LTD vs KERRY W. MUEMA T/S LITTLE TESSIE SALOON & FIVE OTHERS [1999] KECA 181 (KLR)
- Court
- Court of Appeal
- Case number
- 181
- Citation
- [1999] KECA 181 (KLR)
- Decided
- 28 May 1999
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file Notice and Record of appeal out of timeCoramOWUOR
Holding
The application is hereby granted. The applicant shall file its Notice of appeal within seven days from today's date and thereafter file its record of appeal within 14 days from today's date. The respondent shall have costs of the application.
Facts
The High Court restrained the applicants from evicting or auctioning the property of the respondent until the hearing and determination of a case between the parties. An appeal was filed but struck off due to being incurably defective.
Issues
- Whether the applicant should be allowed to file the Notice of Motion out of time.
- Whether the applicant should be allowed to file the record of appeal out of time.
- Whether the applicant should be granted costs of the application.
Reasoning
The Court granted the application due to the serious issues of law raised by the appellant and the delay in filing the appeal was not inordinate.
Outcome
Granted
Orders
- The applicant be allowed to file the Notice of Motion out of time.
- The applicant be allowed to file the record of appeal out of time against the ruling/order of the Hon. Justice D.K.S Aganyanya dated 22nd February, 1995.
- The applicant shall file its Notice of appeal within seven days from today's date and thereafter file its record of appeal within 14 days from today's date.
- The respondent shall have costs of the application.
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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