Joseph Chepkoech Chemor v Kimaiyo Chemor & another [2015] KECA 279 (KLR)
- Court
- Court of Appeal
- Case number
- 279
- Citation
- [2015] KECA 279 (KLR)
- Decided
- 29 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve a Notice of AppealCoramA.K. MURGOR
Holding
The applicant had filed and served the Notice of Appeal within the stipulated period. The record of appeal should be filed within the next 30 days from the date of the judgment.
Facts
The applicant, Joseph Chepkoech Chemor, sought to extend the time limit to file and serve a Notice of Appeal against a ruling by Sila Munyao J. The respondents, Kimaiyo Chemor and Barnaba Chumo Chemor, opposed the application.
Issues
- Whether the applicant had filed and served the Notice of Appeal within the stipulated period.
- Whether the applicant had provided a reasonable explanation for the delay in filing the record of appeal.
Reasoning
The applicant had filed the Notice of Appeal within 14 days of the judgment. However, the certified proceedings were yet to be supplied, leading to a delay in the record of appeal.
Outcome
The application for extension of time was granted.
Orders
- The applicant is ordered to file the record of appeal within the next 30 days from the date of the judgment.
- No orders as to costs.
Authorities cited
Cases cited (1)
- Mwangi v Kenya Airways Ltd [2003] KLR 48
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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