SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

David Mahugu Thondu & 2 others v Kenya Urban Road Authority [2021] KECA 492 (KLR)

[2021] KECA 492 (KLR) Court of Appeal
Read PDF
Court
Court of Appeal
Case number
492
Citation
[2021] KECA 492 (KLR)
Decided
4 June 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve a Notice of appealCoramA.K MURGOR
Holding

The Court grants an extension of time to file and serve the Notice of Appeal, which will lapse seven days from the date of this ruling.

Facts

The judgment was delivered on 5th March 2020, but the applicants were unaware of it until 17th June 2020 due to downscaling of court operations due to the COVID-19 pandemic. The applicants filed an affidavit explaining the delay.

Issues

  1. Whether to grant an extension of time to file and serve a Notice of appeal
  2. Whether the delay in filing the appeal was deliberate

Reasoning

The Court finds the explanation for the delay plausible and considers the appeal has a chance of success, thus granting the extension.

Outcome

Extension of time granted

Orders

  • Extension of time to file and serve the Notice of Appeal
  • Memorandum and record of appeal to be lodged in accordance with rule 82 of this Court's rules
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case