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Otieno, Ragot & Company Advocates v Chemelil Sugar Company Limited (Civil Application 4 of 2020) [2021] KECA 875 (KLR) (19 March 2021) (Ruling)

[2021] KECA 875 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
875
Citation
[2021] KECA 875 (KLR)
Decided
19 March 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge Notice of AppealCoramW. OUKO, (P)
Holding

The application is allowed with no orders as to costs and leave is granted to the applicant to lodge and serve the Notice of Appeal within 14 days of the date of this ruling.

Facts

The High Court had previously ruled on HCCC No. 95, 97 of 2019 and HCCC No. 99 of 2019, all relating to the same subject matter: advocate-client.

Issues

  1. Whether the applicants can extend the time to file the Notice of Appeal
  2. Whether the explanation for the lateness of the appeal is plausible and does not prejudice the respondent

Reasoning

The delay of 29 days is not inordinate, the explanation proffered by the applicant is plausible, and there is no prejudice to the respondent.

Outcome

Allowed

Orders

  • Leave granted to the applicant to lodge and serve the Notice of Appeal within 14 days of the date of this ruling

Authorities cited

Cases cited (1)
  • Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi (Civil Application No. Nai 255 of 1997)
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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