DR. EDWIN SIMON PETER OTIENO NYAURA vs INCE MICHAEL JULIAN [2000] KECA 119 (KLR)
- Court
- Court of Appeal
- Case number
- 119
- Citation
- [2000] KECA 119 (KLR)
- Decided
- 12 June 2000
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an intended appealCoramS.E.O. BOSIRE
Holding
The court grants the application, extending the time within which to file and serve a fresh notice of appeal by 7 days from the date of the judgment and a further 30 days to file and serve a record of appeal.
Facts
The applicant had two unsuccessful attempts to file a competent appeal due to his counsel's mistakes. The first appeal was dismissed because the counsel did not attend court, and the second appeal was struck out for not certifying the record of appeal as required.
Issues
- Whether the court should grant the application for extension of time to file a fresh notice of appeal and record of appeal
- Whether the court should make an order as to costs
Reasoning
The court exercised its discretion to grant the application due to the applicant's expeditious actions and the excusable mistake of the counsel.
Outcome
Granted
Orders
- Extend the time within which to file and serve a fresh notice of appeal by 7 days from the date of the judgment
- Extend the time within which to file and serve a record of appeal by 30 days from the date of the 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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