Joseph Patrick Wang’ang’a v Patrick Kimethu [2020] KECA 603 (KLR)
- Court
- Court of Appeal
- Case number
- 603
- Citation
- [2020] KECA 603 (KLR)
- Decided
- 5 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve a notice of appeal out of timeCoramHANNAH OKWENGU
Holding
The motion is allowed, and the notice of appeal is deemed to be duly filed and served. The applicant shall file and serve the record of appeal within 45 days from the date of the judgment.
Facts
The applicant was served with a judgment on 29th November, 2019, but only became aware of it on 18th December, 2019. The notice of appeal was filed on 19th December, 2019, which was seven days out of time.
Issues
- Whether to extend the time for filing and serving a notice of appeal out of time
- Whether the delay was inordinate and due to the applicant's or the advocate's fault
Reasoning
The delay was due to an inadvertent mistake by the advocate, and the court considers it in the interest of justice to extend the time for filing the appeal.
Outcome
The motion is granted.
Orders
- The notice of appeal is deemed to be duly filed and served.
- The applicant shall file and serve the record of appeal within 45 days from the date of the judgment.
Remedies
- Costs of the motion to be paid by the applicant to the respondent.
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.
Loading judgment…