Jamaldin Yahya, Barnaba Agar Nyandiero, Samuel Ketai, Lucy Muthoni t/a Lucy Hotel, Rebecca Sambeki t/a Sambeki Pub & Jairus Saw t/a Wote Butchery) v Nancy Bomett (suing on behalf of a Jamhuri East Residents Association in her capacity as the Chairlady thereof), John Evans Arek (suing in his capacity as the Secretary thereof) & Fred Kinuthia (suing in his capacity as the Treasurer thereof (Miscellaneous Civil Application 143 of 2014) [2014] KECA 277 (KLR) (Civ) (7 November 2014) (Ruling)
- Court
- Court of Appeal
- Case number
- 277
- Citation
- [2014] KECA 277 (KLR)
- Decided
- 7 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for extension of time to file and serve Notice of AppealCoramR. N. NAMBUYE
Holding
The court allows the application for extension of time to file and serve the Notice of Appeal and grants the applicants 14 days to file their appeal.
Facts
Respondents filed a lawsuit against the applicants seeking various reliefs including a temporary injunction and a mandatory injunction to vacate and surrender possession of land owned by Jamhuri East Residents Association.
Issues
- Delay in filing appeal
- Arguability of the appeal
- Natural justice infringed
Reasoning
The court finds the delay in filing the appeal to be less than two months and not inordinate. The applicants have genuine concerns and the court allows them access to appellate justice.
Outcome
The applicants are granted 14 days to file their Notice of Appeal out of time.
Orders
- The applicants have 14 days from the date of the ruling to file and serve their Notice of Appeal out of time.
- The Respondent will be sufficiently compensated for by way of costs.
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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