Hakika Transporters Services Ltd v Albert Chulah Wamimitaire [2016] KECA 255 (KLR)
- Court
- Court of Appeal
- Case number
- 255
- Citation
- [2016] KECA 255 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve a notice and record of appealCoramK. M’INOTI
Holding
The application for extension of time is allowed, and the notice of appeal is deemed to have been filed in time.
Facts
The respondent's house was damaged by the applicant after the applicant purchased the land on which the house was built. The High Court entered judgment for the respondent for compensation and loss of income.
Issues
- Whether the applicant's failure to file a notice of appeal on time was adequately explained
- Whether the applicant's intended appeal was arguable
- Whether the applicant's delay in filing the notice of appeal was inordinate
Reasoning
The applicant explained the delay in filing the notice of appeal and the efforts made to obtain a copy of the judgment. The Court found the delay not inordinate and allowed the application.
Outcome
The application for extension of time is granted.
Orders
- The applicant is ordered to file and serve the record of appeal within 21 days from the date of the judgment.
- The applicant is awarded costs of the application.
Authorities cited
Cases cited (3)
- Next Generation Communication Ltd v George M. Kirungaru
- Joseph Wanjohi Njau v Benson Maina Kabau
- Oshwal Academy (Nairobi) & Another v Induvishwanath
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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