Robert Shume & 3 others v Samson Kazungu Kalama [2015] KECA 636 (KLR)
- Court
- Court of Appeal
- Case number
- 636
- Citation
- [2015] KECA 636 (KLR)
- Decided
- 19 June 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve the record of appealCoramM’INOTI, J.A. (IN CHAMBERS)
Holding
The Court allows the application and directs the applicants to file and serve the record of appeal within seven days from the date of this ruling.
Facts
The applicants were ordered to be evicted from Plot No. 7651/2 by Angote, J. in Malindi Environment & Land Court Case No. 144 of 2011. The applicants appealed the judgment and decree, but did not file the appeal within the prescribed time.
Issues
- Whether the applicants should be granted an extension of time to file and serve the record of appeal
- Whether the applicants' appeal is frivolous or flimsy
Reasoning
The Court considers the applicants' delay to be not inordinate or intentional and grants them an opportunity to lodge and serve the record of appeal within seven days.
Outcome
The Court grants the application for extension of time to file and serve the record of appeal.
Orders
- The applicants are directed to file and serve the record of appeal within seven days from the date of this ruling.
- The applicants' advocates are to file and serve the notice of change of advocates within the same period.
Remedies
- Award of costs in the intended 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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