Joyce Njeri Kariuki (Suing as the Administrator of the estate of Joseph Kariuki Josephat Marima (Deceased) v Joreth Limited & 3 others [2021] KECA 926 (KLR)
- Court
- Court of Appeal
- Case number
- 926
- Citation
- [2021] KECA 926 (KLR)
- Decided
- 5 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file notice and record of appealCoramHANNAH OKWENGU
Holding
The Court allows the applicant's notice of motion and extends time to enable her file and serve the notice of appeal within 7 days from the date of the judgment.
Facts
The applicant filed an originating summons seeking a declaration that the estate of Josephat Kariuki Marima had acquired title to land parcel No. LR. 13330/542 by way of adverse possession. The matter was due for judgment on 2nd June, 2020, but the applicant was unable to join the online forum due to the Covid-19 pandemic.
Issues
- Whether the applicant has given a good reason for the delay in filing the appeal
- Whether the applicant’s intended appeal is arguable and has good chances of success
Reasoning
The Court exercised its discretion in favor of the applicant due to the plausible explanation for the delay and the arguable nature of the appeal.
Outcome
The applicant's notice of motion is allowed, and time is extended for filing the notice of appeal.
Orders
- Extension of time to file and serve the notice of appeal within 7 days from the date of the judgment
Remedies
- Costs shall be in the appeal
Authorities cited
Cases cited (1)
- Thuita Mwangi v Kenya Airways Limited [2003] eKLR; Leo Sila Mutiso v 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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