Peter Kimandiu v Land Adjudication Officer & 5 others [2015] KECA 414 (KLR)
- Court
- Court of Appeal
- Case number
- 414
- Citation
- [2015] KECA 414 (KLR)
- Decided
- 24 June 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve a memorandum of appeal and record of appeal out of timeCoramG. B. M. Kariuki, NAMBUYE, Njoroge, PM Njoroge
Holding
The court grants the application for extension of time to file and serve a memorandum of appeal and record of appeal out of time.
Facts
The applicant, Peter Kimandiu, was aggrieved by the judgment of the High Court at Meru and filed a Notice of Appeal. He applied for a copy of the proceedings for purposes of appeal but did not file the appeal within the stipulated time.
Issues
- Whether to grant an extension of time for the applicant to file and serve a memorandum of appeal and record of appeal out of time.
- Whether the delay in filing the appeal is inordinate and if so, whether the applicant has provided a plausible explanation for the delay.
Reasoning
The court considers the length of the delay, the reasons for the delay, the applicant's arguable appeal, the degree of prejudice to the other party, and the public importance of the matter. The court finds the delay not inordinate and the applicant has provided a plausible explanation.
Outcome
The application for extension of time is granted.
Orders
- Extension of time to file and serve a memorandum of appeal and record of appeal out of time granted.
Authorities cited
Legislation (3)
- Appellate Jurisdiction Act Cap 9 Laws of Kenya
- Court of Appeal Rules 2010
- Constitution of Kenya
Cases cited (2)
- Aviation Cargo Support Limited v. St. Mark Freight Services Limited
- City Chemist (Nbi) & Another v. Oriental Bank Limited
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.
Loading judgment…