Jacob Kinyua Kigano v Tabitha Njoki Kigano & another [2013] KECA 253 (KLR)
- Court
- Court of Appeal
- Case number
- 253
- Citation
- [2013] KECA 253 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to appeal out of timeCoramM. K. KOOME
Holding
The application for leave to appeal out of time is granted.
Facts
The applicant was aggrieved by the judgment of Ong'udi, J., delivered on 1st March, 2012, and instructed his Advocates to appeal against the entire decision. However, the appeal was not filed due to a mistake of the applicant's counsel.
Issues
- Whether the applicant's application for leave to appeal out of time should be granted.
- Whether the delay in filing the appeal was due to a mistake of the applicant's counsel or a deliberate act.
Reasoning
The court grants the application as the delay in filing the appeal was due to a mistake of the applicant's counsel, which should not be visited on his innocent client.
Outcome
Leave to appeal out of time granted
Orders
- Leave to appeal out of time granted
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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