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ISAIAH MWAI MATHENGE & ANOTHER vs VIRGINIA WANJIRU MWANGI [1999] KECA 28 (KLR)

[1999] KECA 28 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
28
Citation
[1999] KECA 28 (KLR)
Decided
22 September 1999
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time in an intended AppealCoramR. S. C. OMOLO
Holding

The Court denied the applicants' request for an extension of time to file the notice of appeal and to obtain copies of the proceedings and judgment.

Facts

The applicants Isaiah Mwai Mathenge and Mwai Limited sought an extension of time to file their notice of appeal against the respondent Virginia Wanjiru Mwangi's judgment, which was delivered on 15th May, 1995. The applicants claimed they were not present when the judgment was delivered and that they did not receive the notice of appeal.

Issues

  1. Whether the applicants can extend the time for filing the notice of appeal
  2. Whether the applicants can obtain copies of the proceedings and judgment

Reasoning

The Court found that the applicants did not file their notice of appeal within the required fourteen days and that they did not provide evidence of serving the respondent with the notice of appeal.

Outcome

Denied

Orders

  • The Court denied the applicants' request for an extension of time to file the notice of appeal and to obtain copies of the proceedings and judgment.
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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