Thuweiba Maka & 3 others v Aisha Juma & another [2014] KECA 691 (KLR)
- Court
- Court of Appeal
- Case number
- 691
- Citation
- [2014] KECA 691 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to appealCoramSICHALE, J.A. (IN CHAMBERS)
Holding
The application is allowed, and the applicants are given 7 days to file and serve the Notice of Appeal, with the record of appeal to be filed and served within 30 days from the date of filing the Notice of Appeal. The applicants shall bear the costs of this application.
Facts
The applicants were aggrieved by the judgment of Ibrahim, J. and sought to appeal, but were unable to do so due to lack of funds and other difficulties.
Issues
- Whether the applicants have an arguable appeal
- Whether the applicants have provided proof of their intention to appeal as paupers
- Whether the applicants have suffered prejudice from the delay
Reasoning
The delay has been sufficiently explained, and the applicants have an arguable appeal. The applicants have not suffered prejudice as they are in occupation of a house that they are to be evicted from.
Outcome
Application allowed
Orders
- Extension of time for filing and serving the Notice of Appeal
- Filing and serving the record of appeal within 30 days from the date of filing the Notice of Appeal
Remedies
- Extension of time for filing and serving the Notice of Appeal
- Filing and serving the record of appeal within 30 days from the date of filing the Notice of Appeal
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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