Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] KECA 701 (KLR)
- Court
- Court of Appeal
- Case number
- 701
- Citation
- [2018] KECA 701 (KLR)
- Decided
- 22 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file notice of appealCoramJ. MOHAMMED
Holding
Allow the application for extension of time to file the notice of appeal, and direct the applicant to file and serve the Notice of Appeal, Memorandum of Appeal and Record of Appeal within 30 days from the date of the ruling.
Facts
The applicant sought to appeal a judgment that quashed his appointment as Chief of Sengwer Location, but delayed in filing the notice of appeal due to an application for a stay of execution.
Issues
- Whether the delay in filing the notice of appeal was sufficient to warrant an extension of time
- Whether the appeal is arguable and will not cause undue prejudice to the respondent
Reasoning
The court found merit in the application and allowed it, considering the arguable nature of the appeal and the lack of substantial prejudice to the respondent.
Outcome
Allow the application
Orders
- Direct the applicant to file and serve the Notice of Appeal, Memorandum of Appeal and Record of Appeal within 30 days from the date of the ruling
Authorities cited
Cases cited (3)
- Fakir Mohammed v. Joseph Mugambi & 2 others [2005] eKLR (Civil Application No. Nai. 332 of 2004 (Nyr. 32/04))
- Mwangi v Kenya Airways Ltd (2003) KRL 486
- Wasike V Swala [1984] KLR 591
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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