Mohamed Ali & another v Sagoo Radiators Ltd [2005] KECA 58 (KLR)
- Court
- Court of Appeal
- Case number
- 58
- Citation
- [2005] KECA 58 (KLR)
- Decided
- 12 September 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file the record of appeal out of timeCoramW. S. DEVERELL
Holding
The application is granted, and the applicants are ordered to file a fresh notice of appeal and the record of appeal within the specified periods.
Facts
Sagoo Radiators Ltd sued Mohamed Ali and Nimo Ali for damages after an accident involving a motor cycle. The High Court awarded special damages of Shs. 312,294.40.
Issues
- Whether the appeal has a reasonable chance of succeeding
- Whether the applicants should be granted an extension of time to file the record of appeal
Reasoning
The court finds the appeal arguable and not frivolous, despite the applicants' lack of diligence in dealing with the situation.
Outcome
The application is granted.
Orders
- File and serve a fresh notice of appeal within seven days of the date of this ruling.
- File and serve the record of appeal within fourteen days from the date the notice of appeal is lodged in Court.
- Pay the costs of this application in the intended appeal.
- If the applicants fail to comply with conditions (1) and (2) within the stated periods, the orders above shall automatically stand vacated and the application shall stand dismissed with costs.
Remedies
- Extension of time to file the record of appeal
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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