James Ngirine Mikuari v Michael Kilemi & 2 others [2021] KECA 1021 (KLR)
- Court
- Court of Appeal
- Case number
- 1021
- Citation
- [2021] KECA 1021 (KLR)
- Decided
- 29 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file an appealCoramD. K. MUSINGA
Holding
The application is allowed, and the time for filing the notice of appeal is extended.
Facts
The impugned judgment was delivered on 20th December 2018, and the applicant sought extension of time to file an appeal. The applicant claimed the judgment was delivered without notice, while the respondents disputed this and stated that notice was duly issued.
Issues
- Whether the delay in filing the appeal was inordinate.
- Whether the applicant's constitutional right of appeal should be denied for no fault of his.
Reasoning
The delay was not inordinate, and a good reason for the delay was advanced. The intended appeal is not frivolous, and the respondents shall not suffer great prejudice.
Outcome
The application is allowed.
Orders
- The time for filing the notice of appeal is extended.
- The costs of this application shall be in the appeal.
Authorities cited
Cases cited (1)
- Fakir Mohamed v Joseph Mugambi & 2 Others [2005] eKLR
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…