Iddah Muthoni Njue v Robert Kariuki Muchuki & another [2001] KECA 142 (KLR)
- Court
- Court of Appeal
- Case number
- 142
- Citation
- [2001] KECA 142 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge notice of appeal and record of appealCoramA.B. SHAH
Holding
The application is allowed, and the applicant is ordered to lodge a notice of appeal within seven days and serve copies on the respondents' advocates within seven days. The record of appeal may be filed within 60 days of notification that the copies of the proceedings and judgment are ready for collection.
Facts
The applicant, Iddah Muthoni Njue, sought an extension of time to lodge her notice of appeal and record of appeal out of time. The second respondent, Robert Kariuki Muchuki, did not oppose the application.
Issues
- Extension of time to lodge notice of appeal and record of appeal
- Genuine mistake by applicant's counsel in entering the date for judgment in his diary
Reasoning
The second respondent did not oppose the application. The applicant's counsel made a genuine mistake in entering the date for judgment in his diary, which is excusable.
Outcome
Application granted
Orders
- Notice of appeal to be lodged within seven days
- Copies of notice of appeal to be served on respondents' advocates within seven days
- Record of appeal to be filed within 60 days of notification that copies of proceedings and judgment are ready for collection
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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