Kairu v Kingori & another (Civil Application 42 of 2021) [2020] KECA 2 (KLR) (26 August 2020) (Ruling)
- Court
- Court of Appeal
- Case number
- 2
- Citation
- [2020] KECA 2 (KLR)
- Decided
- 26 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to appeal out of timeCoramP. O. KIAGE
Holding
The Court of Appeal granted the applicant's application for leave to appeal out of time.
Facts
The applicant, Jane Wangui Kairu, seeks to give a notice of appeal in writing out of time due to a delay in filing the notice of appeal.
Issues
- Whether to grant leave to appeal out of time
- Whether to allow the applicant to lodge the notice of appeal with the Registrar of the superior court out of time
- Whether to allow the applicant to serve the notice of appeal out of time
Reasoning
The Court considered the factors of the length of the delay, the reason for the delay, the chances of the appeal succeeding if the application is granted, and the degree of prejudice to the respondent if the application is granted.
Outcome
The Court of Appeal granted the applicant's application for leave to appeal out of time.
Orders
- To allow the applicant to give a notice of appeal in writing out of time
- To allow the applicant to lodge the notice of appeal with the Registrar of the superior court out of time
- To allow the applicant to serve the notice of appeal out of time
Authorities cited
Cases cited (1)
- Leo Sila Mutiso -vs- Rose Hellen Wangari Mwangi (1999) 2 EA 231
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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