Augustus Muli & another v Chemusian Company Limited & another [2005] KECA 55 (KLR)
- Court
- Court of Appeal
- Case number
- 55
- Citation
- [2005] KECA 55 (KLR)
- Decided
- 18 November 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file an appeal out of timeCoramP.N. WAKI
Holding
The appeal is deemed to have been filed within time, and the costs of the application are abiding the result of the main appeal.
Facts
The applicant filed a suit against four respondents in 1982, seeking 17 reliefs against them. The 2nd respondent sought to have the suit against him struck out, arguing it was frivolous, embarrassing, and res judicata. The suit was struck out by the superior court.
Issues
- Whether the appeal was filed within the time limit set by the court rules
- Whether the applicant had a right to file the appeal after receiving copies of the proceedings
Reasoning
The court held that the applicant had a right to file the appeal after receiving copies of the proceedings, and the delay was not inordinate.
Outcome
The appeal is deemed to have been filed within time.
Orders
- Civil appeal No. 159/03 is deemed to have been filed within time
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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