Charles Muriongo & another v Francis Omondi [2021] KECA 1047 (KLR)
- Court
- Court of Appeal
- Case number
- 1047
- Citation
- [2021] KECA 1047 (KLR)
- Decided
- 29 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file a Notice of Appeal out of timeCoramA.K. MURGOR
Holding
The applicants are ordered to serve the respondent with the application, following which, another date for hearing of the application can be fixed in the registry on a propriety basis.
Facts
The applicants, Charles Muriongo and Anthony Muriongo applied for an extension of time to file a Notice of Appeal out of time. The respondent, Francis Omondi was not served with a Hearing Notice.
Issues
- Service of the application on the respondent
- Extension of time to file a Notice of Appeal out of time
Reasoning
The court considered the application and found that the respondent was not served with a Hearing Notice, leading to his failure to file any replying affidavit or submissions.
Outcome
The application was granted.
Orders
- The applicants are ordered to serve the respondent with the application
- Another date for hearing of the application can be fixed in the registry on a propriety basis
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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