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Golicha Gange Omar v Attorney General & 3 others [2018] KECA 821 (KLR)

[2018] KECA 821 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
821
Citation
[2018] KECA 821 (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 appeal out of timeCoramK. M’INOTI
Holding

The court allowed the application and directed the applicant to file and serve his intended appeal within 25 days from the date of this ruling.

Facts

The applicant, Golichah Gange Omar, sought leave to file an intended appeal against the judgment of the High Court dismissing his judicial review application. The High Court had dismissed his application seeking an order of prohibition and an order of mandamus.

Issues

  1. Whether the applicant's delay in filing the appeal was excusable
  2. Whether the court should grant an extension of time for the applicant to file the appeal

Reasoning

The court found the delay to be excusable due to the applicant's age and the court's delay in availing the proceedings. The court also considered the public interest and the overriding objective of timely, just, proportionate, and affordable determination of proceedings.

Outcome

The application for extension of time to file the appeal was granted.

Orders

  • The applicant is directed to file and serve his intended appeal within 25 days from the date of this ruling.

Authorities cited

Cases cited (2)
  • Fakir Mohamed v. Joseph Mugambi & 2 Others, CA No. Nai. 332 of 2004
  • Simba Colt Motors Ltd v James Gitahi Mwangi, C. App. No. Nai. 111 of 2010
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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