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Agnes Tirindi Kiara v Violet Kagwiria & 2 others [2019] KECA 685 (KLR)

[2019] KECA 685 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
685
Citation
[2019] KECA 685 (KLR)
Decided
5 April 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve a record of appealCoramS. ole KANTAI
Holding

The court allows the application for extension of time to file and serve a record of appeal, with the applicant to file and serve the record within 30 days of the judgment.

Facts

Agnes Tirindi Kiara filed a Succession Cause in Meru, where the High Court revoked the grant in favor of her but ordered it to be re-issued jointly to her and the respondents. She filed a Notice of Appeal but fell ill and was unable to file a record of appeal.

Issues

  1. Whether the applicant's illness was a valid reason to extend the time for filing a record of appeal.
  2. Whether the appeal has any chances of success.

Reasoning

The court found that the applicant's illness was a valid reason for the delay and that the appeal has arguable grounds.

Outcome

The application is granted.

Orders

  • The applicant shall file and serve the record of appeal within 30 days of the judgment.
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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