Hermant Kamal Raval v Jubilee Jumbo Hardware Ltd [2015] KECA 42 (KLR)
- Court
- Court of Appeal
- Case number
- 42
- Citation
- [2015] KECA 42 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks leave to appeal out of time against the judgment of the High Court of Kenya at Kisumu.CoramD.K. MARAGA
Holding
The applicant is granted leave to lodge the notice and record of appeal out of time.
Facts
The High Court deferred judgment to be delivered on notice on 25th September 2014. The applicant claims he was informed that the judgment would be delivered on another date, but he only found the judgment in the library on 8th December 2014.
Issues
- Whether the applicant was aware of the judgment's delivery on 25th September 2014
- Whether the applicant had time to appeal within the prescribed period
Reasoning
The judgment was supposed to be delivered by Justice Chemitei on 25th September 2014, but he was not sitting. The file was passed to Justice Maina, who delivered the judgment. The applicant was not aware of the judgment's delivery and was granted leave to appeal out of time.
Outcome
Leave to appeal out of time granted
Orders
- Appellant shall lodge and serve the notice of appeal within 14 days of the date of this judgment and file the record of appeal within the period given in the Court of Appeal Rules
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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