Ephantus Wachira Ngochi v Edward Njoroge Mwangi [2013] KECA 416 (KLR)
- Court
- Court of Appeal
- Case number
- 416
- Citation
- [2013] KECA 416 (KLR)
- Decided
- 25 July 2013
The application is allowed, and the notice of appeal shall be filed and served within the next seven days, and the record shall be filed and served within the next 14 days, failing which the appeal shall stand dismissed.
Facts
The applicant's advocate was not informed of the final date the ruling of the High Court would be delivered. The ruling was initially set for delivery on 19th February, 2013, adjourned again to 28th February, 2013, and eventually read on 19th March, 2013 in the absence of the applicant.
Issues
- Whether the delay in bringing the application for extension of time is inordinate and properly explained.
- Whether the application is an abuse of the court process.
Reasoning
The delay in bringing the application is not inordinate and is well explained. The court has discretion to grant an extension of time, considering the length of the delay, the reason for the delay, and the chances of the appeal succeeding.
Outcome
Appeal allowed
Orders
- Notice of appeal to be filed and served within the next seven days.
- Record to be filed and served within the next 14 days.
Remedies
- Extension of time to file notice and record of appeal
Authorities cited
Cases cited (1)
- Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi – Civil Application No. NAI. 251 of 1997
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