Njuguna v Magichu & 3 others [2003] KECA 162 (KLR)
- Court
- Court of Appeal
- Case number
- 162
- Citation
- [2003] KECA 162 (KLR)
- Decided
- 31 July 2003
The court grants the application and makes the following orders: extend the time for instituting the appeal, extend the time for filing and serving the Notice of Appeal, and extend the time for filing the Record of Appeal.
Facts
The applicant filed an appeal against the judgment of Angawa J in Succession Cause No 1014 of 1993, but the appeal was struck out due to omission of primary documents in the record. The applicant applied for reinstitution of the appeal and was granted leave to do so, but failed to file and serve the record of appeal within the stipulated time.
Issues
- Whether the applicant's delay in filing and serving the record of appeal was due to inadvertence and should be excused.
- Whether the court should grant an extension of time to the applicant to file and serve the record of appeal.
Reasoning
The court found the applicant's delay to be due to an innocent mistake of counsel, and granted the extension of time as the mistakes were not excusable and the issues raised were vexing.
Outcome
The application for extension of time is granted.
Orders
- Extend the time for instituting the appeal.
- Extend the time for filing and serving the Notice of Appeal.
- Extend the time for filing the Record of Appeal.
Remedies
- The costs of the application assessed at Shs 15,000/= to be paid by the applicant to the respondent within 14 days of this ruling and in default execution to issue.
Authorities cited
Cases cited (3)
- C Appl NAI 337/96 Jedida Alumasa & 3 Others v S S Kositany (UR)
- C Appl NAI 64/1990 Kenya Canners Ltd v Titus Muiruri Doge (UR)
- John Kuria v Karen Wahito CA Nai 19/83 (UR)
Loading judgment…