Julius Mugo Muchiri v Njiru K Njagi & another [2018] KECA 785 (KLR)
- Court
- Court of Appeal
- Case number
- 785
- Citation
- [2018] KECA 785 (KLR)
- Decided
- 21 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time in filing an appealCoramS. ole KANTAI
Holding
The court grants the application and allows the applicant to file an appeal out of time.
Facts
The applicant sought to revoke or annul a grant issued to Njiru K. Njagi in Kerugoya SRM Succession Cause No. 186 of 2006. The High Court ruled against the applicant on 14th June, 2016, and the applicant filed a notice of appeal on 28th June 2016.
Issues
- Whether the applicant should be granted an extension of time to file an appeal
- Whether the delay in filing the appeal was reasonable
Reasoning
The court excuses the applicant for the delay in filing the motion, finding that the applicant had a lawyer on record who filed a notice of appeal and applied for proceedings, but did not take further steps. The court awards costs to the respondents.
Outcome
The court grants the application and allows the applicant to file an appeal out of time.
Orders
- The applicant will file a Record of Appeal within 14 days of today.
- Costs of the motion to the respondents assessed at Kshs. 7,500/- payable by the applicant to the respondents within 14 days of today.
Remedies
- Extension of time to file an 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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