JOHNSON NEHONDO V CHRISTOPHER NASHISAKO & ANOTHER [2012] KECA 125 (KLR)
- Court
- Court of Appeal
- Case number
- 125
- Citation
- [2012] KECA 125 (KLR)
- Decided
- 21 June 2012
The application is allowed, and the time within which to file the Memorandum and Record of appeal is extended by 21 days from the date of the judgment.
Facts
The applicant, Johnson Nehondo, filed a suit against Christopher Nashisako and Frederick Namatsi in the High Court of Kenya at Kakamega. The suit was dismissed with costs. Nehondo filed a notice of appeal on 8th October 2010, which was served on the respondents' advocates on 12th October 2010. The applicant applied for certified copies of the proceedings and judgment, which were ready for collection on 10th October 2011.
Issues
- Whether to grant an extension of time to file the memorandum of appeal and record of appeal
- Whether the respondents will suffer prejudice if the application is granted
Reasoning
The court found that the delay in filing the appeal was caused by the court registry, and the applicant was not at fault. The court extended the time for filing the appeal to allow the applicant to present his case before the Court of Appeal.
Outcome
The application is granted.
Orders
- Extension of time to file the Memorandum and Record of appeal by 21 days from the date of the judgment
Remedies
- Extension of time to file the Memorandum and Record of appeal
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