Nation Newspapers Limited v Peter Barasa Rabando [2010] KECA 403 (KLR)
- Court
- Court of Appeal
- Case number
- 403
- Citation
- [2010] KECA 403 (KLR)
- Decided
- 26 February 2010
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplication for extension of timePostureApplication for extension of time within which to lodge the Record of AppealCoramE. O. O’KUBASU
Holding
The application is allowed, and the applicant is to lodge the record of appeal within thirty (30) days from the date of the judgment.
Facts
The High Court of Kenya at Nakuru issued a decree on February 20, 2009, but the applicant, Nation Newspapers Limited, did not lodge the Record of Appeal within the last day of February 2009. The applicant sought an extension of time.
Issues
- Whether to extend the time for lodging the Record of Appeal
- Prejudice to the respondent if the application is granted
Reasoning
The delay was not inordinate and was explained. The Court considered the length of the delay, the reason for the delay, and the prejudice to the respondent. The Court found that the chances of the appeal succeeding are not clear, but the applicant will not suffer prejudice as the decretal amount has been deposited in an interest-earning account.
Outcome
Allowed
Orders
- To lodge the record of appeal within thirty (30) days from the date of the judgment
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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