Miriam Wangui Kimani & another v Marigi Gacheha Macharia [2009] KECA 37 (KLR)
- Court
- Court of Appeal
- Case number
- 37
- Citation
- [2009] KECA 37 (KLR)
- Decided
- 6 November 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file notice of appeal and record of appealCoramP. N. Waki
Holding
The application is allowed, and the applicant is granted an extension of time to file the record of appeal.
Facts
The applicants filed a notice of appeal but did not file the appeal within the 60-day period. The copies of the proceedings and judgment were not sent to the respondent's advocates.
Issues
- Delay in filing the appeal
- Prejudice to the respondent
- Substantial issues of law in the appeal
Reasoning
The court considered the period of delay, the reason for the delay, and the chances of the appeal succeeding. The court found the delay not inordinate and allowed the application.
Outcome
The application is allowed.
Orders
- Time is extended for the applicant to file the record of appeal within 14 days of this ruling
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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