Kitts Mabati Mukonyole v Levi Ndombi Mukonyole [2006] KECA 25 (KLR)
- Court
- Court of Appeal
- Case number
- 25
- Citation
- [2006] KECA 25 (KLR)
- Decided
- 1 December 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve a Notice and Record of AppealCoramS. J.
Holding
The court grants the application for extension of time to file and serve the Notice and Record of Appeal
Facts
The applicant, Kitts Mbati Mukonyole, seeks to challenge a decision of Justice G.B.M. Kariuki, and the respondent, Levi Ndombi Mukonyole, is the respondent in the underlying case. The applicant's previous advocates failed to file the notice of appeal within time, causing a delay.
Issues
- The applicant's inconvenience can be compensated by costs
- The applicant's delay in filing the appeal was due to his previous advocates' failure to file the notice of appeal within time
- The applicant's delay was only three days
- The respondent's position is that the applicant has no right of appeal to this Court
- The applicant's delay was due to a two-month period before filing the application
Reasoning
The court exercised its unfettered discretion to grant the extension, considering the length of the delay, the reason for the delay, and the chances of the appeal succeeding.
Outcome
Granted
Orders
- Time limited for filing and serving by the applicant of the Notice and Record of Appeal be enlarged
Remedies
- Costs of and incidental to this application be borne by the applicant
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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