Jacob Mwangi H. Murira & 2 others v John Mwago Kariuki [2001] KECA 140 (KLR)
- Court
- Court of Appeal
- Case number
- 140
- Citation
- [2001] KECA 140 (KLR)
- Decided
- 14 November 2001
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appeal out of timeCoramP. K. TUNOI
Holding
The application is granted, and the appeal shall be lodged within 14 days hereof. The applicants shall pay costs to the respondent which I assess at Shs.5,000/=
Facts
The applicants could not lodge the appeal within the period allowed by Shah, J.A. because of illness and inability to raise fees both for the court and their counsel. The inability to raise fees was occasioned by the illness of Mr. Karukwa.
Issues
- Whether the applicants should be granted an extension of time to file an appeal out of time
- Whether the delay in lodging the appeal is inordinate and inexcusable
Reasoning
The applicants have shown that they want this Court to finally settle the dispute and that the delay in lodging the appeal is unfortunate but cannot be said to be inordinate in the circumstances.
Outcome
Granted
Orders
- The appeal shall be lodged within 14 days hereof
Remedies
- Costs to the respondent assessed at Shs.5,000/=
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.
Loading judgment…