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Patrick Wanyonyi Khaemba v Faith Jerop Kiu & another [2021] KECA 794 (KLR)

[2021] KECA 794 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
794
Citation
[2021] KECA 794 (KLR)
Decided
19 March 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to AppealCoramP. O. KIAGE
Holding

The application is dismissed with no order as to costs.

Facts

The applicant Patrick Wanyonyi Khaemba filed a notice of cross-appeal dated 19th November 2019 in Civil Appeal No. 71 of 2019 at the Eldoret sub-registry. He sought extension of time to lodge the notice of cross-appeal out of time.

Issues

  1. Whether the applicant's application for extension of time to lodge the notice of cross-appeal out of time is valid.
  2. Whether the applicant's claim that he was not conversant with the rules of the Court of Appeal is credible.

Reasoning

The applicant's application is dismissed as the applicant should have referred to Rule 93(2) of the Court of Appeal Rules and filed the notice of cross-appeal within the stipulated timelines. The form and structure of the application and notice of cross-appeal suggest some knowledge of the Court's rules.

Outcome

Dismissed

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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