Jane Kisaka Mung’au v Joseph Ouma Onditi [2020] KECA 433 (KLR)
- Court
- Court of Appeal
- Case number
- 433
- Citation
- [2020] KECA 433 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks extension of time to file record of appealCoramW. KARANJA
Holding
The application for extension of time is granted, and the applicant is given 30 days from the date of the ruling to file and serve the record of appeal.
Facts
The applicant was aggrieved with the judgment of the Environment and Land Court and sought to file a notice of appeal, but was unable to do so within the prescribed time due to a delay in receiving the proceedings.
Issues
- Whether to grant an extension of time for filing the record of appeal
- Reasons for the delay in filing the appeal
Reasoning
The court considered the length of the delay, the reason for the delay, and the explanation given by the applicant. The court allowed the application as the delay was explained and the chances of the appeal succeeding were plausible.
Outcome
The application is granted.
Orders
- The applicant is given 30 days from the date of the ruling to file and serve the record of appeal
Authorities cited
Cases cited (3)
- Leo Sila Mutiso v. Rose Hellen Wangari Mwangi (1999) 2 EA 231
- Fakir Mohammed v. Joseph Mugambi & 2 others (2005) eKLR
- Muringa Company Ltd v. Archdiocese of Nairobi Registered Trustees, Civil Application No. 190 of 2019
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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