Njagi Kabuthia Alias Cyprian Njagi Ireri v Richard Njogu Ireri (Substituted By)John Macharia Njogu Ireri [2015] KECA 306 (KLR)
- Court
- Court of Appeal
- Case number
- 306
- Citation
- [2015] KECA 306 (KLR)
- Decided
- 1 October 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve the notice of appeal, memorandum of appeal and record of appealCoramP. O. KIAGE
Holding
The Court allows the application and directs that the applicant do file and serve a notice of appeal within 7 days of today and a record of appeal within thirty (30) days thereafter.
Facts
The applicant, Njagi Kabuthia alias Cyprian Njagi Ireri, sought to file a notice of appeal out of time against the judgment of the High Court of Kenya at Embu, dated 20th November, 2014. The respondent, Richard Njogu Ireri (substituted by) John Macharia Njogu Ireri, opposed the application.
Issues
- Whether the applicant's delay in filing the notice of appeal was inordinate.
- Whether the applicant has an arguable appeal.
- Whether allowing the application would cause prejudice to the respondent.
Reasoning
The Court finds the delay not to be inordinate and the explanation given satisfactory. The Court allows the application to file the appeal as it is arguable and will not cause prejudice to the respondent.
Outcome
The application is granted.
Orders
- The applicant is directed to file and serve a notice of appeal within 7 days of today.
- The applicant is directed to file and serve a record of appeal within 30 days thereafter.
Remedies
- The costs of this application shall be in the intended appeal.
Authorities cited
Cases cited (1)
- POTHIWALLA –VS-KIDOGO BASI HOUSING CO-OPERATIVE SOCIETY LTD & 31 OTHERS [2003] KLR 733.
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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