Rose Araka Mbeche v David Kihumba Mathai [2018] KECA 782 (KLR)
- Court
- Court of Appeal
- Case number
- 782
- Citation
- [2018] KECA 782 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to extend time to file and serve a Notice of AppealCoramS. ole KANTAI
Holding
The court grants the application to extend time to file a Notice of Appeal, allowing the applicant to file and serve the Notice of Appeal within 14 days of the judgment.
Facts
The High Court was scheduled to deliver judgment on October 5, 2017, but the judge was not at her Nakuru station. The applicant's advocate received a letter on October 13, 2017, indicating that judgment had been delivered on October 12, 2017.
Issues
- Whether the application to extend time to file a Notice of Appeal is valid
- Whether the delay in filing the Notice of Appeal is reasonable
Reasoning
The court finds that the applicant was not notified of the adjourned judgment and that the delay is reasonable given the circumstances.
Outcome
The application is granted.
Orders
- To extend time to file and serve a Notice of Appeal within 14 days of the judgment
Remedies
- Award of costs to the respondent at Kshs. 5,000/-
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Fakir Mohamed v Joseph Mugambi & 2 Others (Civil Application No. 33 of 2004)
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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