Sudi Ali Rashid v Ruth alias Raya Jeremiah Atieno [2019] KECA 628 (KLR)
- Court
- Court of Appeal
- Case number
- 628
- Citation
- [2019] KECA 628 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve Notice of Appeal, Memorandum of Appeal and Record of Appeal out of timeCoramS. GATEMBU KAIRU, FCIArb
Holding
The application is allowed, and the Notice of Appeal and Memorandum of Appeal are deemed as duly filed.
Facts
The applicant filed a suit before the Environment and Land Court, which was dismissed with costs. The applicant sought to file his Notice of Appeal and Memorandum of Appeal out of time due to delays in obtaining a certified copy of the judgment.
Issues
- Whether the applicant's application for extension of time to file Notice of Appeal and Memorandum of Appeal out of time should be granted.
- Whether the applicant's appeal should be admitted out of time.
Reasoning
The court found that the delay was satisfactorily explained and that the applicant took steps without undue delay to lodge the appeal.
Outcome
The application is granted.
Orders
- The Notice of Appeal and Memorandum of Appeal are deemed as duly filed.
Authorities cited
Cases cited (5)
- Fakir Mohamed vs. Joseph Mugambi & 2 others [2005] eKLR
- Mutiso vs Mwangi Civil Appl. NAI. 255 of 1997
- Mwangi vs Kenya Airways Ltd [2003] KLR 486
- Major Joseph Mwereri Igweta vs Murika M’Ethare & Attorney General Civil Appl. NAI. 8/2000
- Murai v Wainaina (No 4) [1982] KLR 38
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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