Njuki Rabuta v Francis Njeru Rabuta [2008] KECA 217 (KLR)
- Court
- Court of Appeal
- Case number
- 217
- Citation
- [2008] KECA 217 (KLR)
- Decided
- 23 May 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to file and serve the notice of appeal and the record of appeal out of timeCoramE. O. O’KUBASU, JUDGE OF APPEAL
Holding
The court grants the application and orders that the notice of appeal be filed within seven (7) days from the date of the ruling and the record of appeal be lodged thirty (30) days from the date the notice of appeal is filed.
Facts
The appellant, NJUKI RABUTA, failed to file the notice of appeal and record of appeal within the prescribed time frame due to delays caused by his legal representatives and the respondent's occupation of the disputed land for a considerable period.
Issues
- Whether the delay in filing the notice of appeal and record of appeal was inevitable and beyond the control of the appellant.
- Whether the appeal is arguable and merits extension of time.
- Whether the respondent will be unduly prejudiced if the application is granted.
Reasoning
The court found that the delay was explained and was not inordinate, and that the appeal is arguable. The court also considered that the respondent would not be unduly prejudiced if the application is granted.
Outcome
The application is granted.
Orders
- The notice of appeal be filed within seven (7) days from the date of the ruling.
- The record of appeal be lodged thirty (30) days from the date the notice of appeal is filed.
Remedies
- The costs of the application are awarded to the respondent.
- The respondent is ordered to pay the costs within 30 days from the date of the ruling.
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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