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Thomas Agure Arap Ndonee v Kipserem Arap Kemboi & 3 others [2017] KECA 249 (KLR)

[2017] KECA 249 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
249
Citation
[2017] KECA 249 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve a Notice of AppealCoramE. M. GHITHINJI
Holding

The application for extension of time is struck out as incompetent.

Facts

The applicant applied for copies of proceedings and judgment within 30 days of the date of delivery of the judgment, but has not yet received them. The 1st, 2nd, and 3rd respondents did not file a replying affidavit, and the 4th respondent is the Attorney General.

Issues

  1. Whether the time for filing an appeal has expired due to the delay in receiving the proceedings.
  2. Whether the application for extension of time is competent.

Reasoning

The applicant has not yet received the proceedings, and the time for filing an appeal cannot be ascertained. The 1st, 2nd, and 3rd respondents did not file a replying affidavit, and the 4th respondent is the Attorney General.

Outcome

The application for extension of time is struck out as incompetent.

Orders

  • The application for extension of time is struck out.
  • No orders as to costs are made.
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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