Richard Kioko Kiundi v Kenya Pipeline Company [2019] KECA 618 (KLR)
- Court
- Court of Appeal
- Case number
- 618
- Citation
- [2019] KECA 618 (KLR)
- Decided
- 21 June 2019
The court grants the application and orders that the appeal be filed within fourteen (14) days from the date of this decision.
Facts
The applicant filed a notice of appeal on 22 January 2018, but the proceedings and judgment were not complete. The applicant applied for copies of the proceedings and judgment, which were supplied on 27 February 2018. The applicant then applied for an extension of time to lodge and serve the appeal due to a delay.
Issues
- Whether the applicant should be granted an extension of time to lodge and serve the appeal
- Whether the applicant's delay in applying for an extension of time was reasonable
Reasoning
The court exercised its discretion to grant the extension of time, considering the length of the delay, the reason for the delay, and the conduct of the parties. The court found that the applicant's delay was not prejudicial and that the appeal had chances of success.
Outcome
The application is granted.
Orders
- The appeal be filed within fourteen (14) days from the date of this decision
Authorities cited
Cases cited (3)
- Leo Sila Mutiso v. Rose Wangari Mwangi, CA No. Nai. 255 of 1997
- Imperial Bank Limited (In Receivership) & another V. Alnashir Popat & 18 others [2018] eKLR
- Athuman Nusura Juma V. Afwa Mohamed Ramadhan, CA No 227 of 2015
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