Ihura & another v Hagos Birikirti Tewoldernrehen De La Torre Ramirez Nelly Victoria ((suing as the personal representative of the estate of Mendoza Lopaz Aquilina (Deceased)) (Civil Application E093 of 2022) [2022] KECA 1017 (KLR) (23 September 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1017
- Citation
- [2022] KECA 1017 (KLR)
- Decided
- 23 September 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve record of appealCoramMS ASIKE-MAKHANDIA, JA
Holding
The application is allowed, and the costs of the motion shall abide the outcome of the appeal.
Facts
The applicants were not served with the impugned judgment and were unaware of it until October 2020. They filed a notice of appeal with leave of the trial court on December 28, 2020, and requested for proceedings by a letter dated April 14, 2021. The proceedings were ready by December 20, 2021.
Issues
- Whether the impugned judgment was delivered without notice to the applicants and in their absence
- Whether the applicants have made a case and satisfied the principles laid down in Leo Sila Mutiso Vs. Rose Hellen Wangari (1999) 2 EA 231 with regard to extension of time
Reasoning
The court exercised its discretion under Rule 4 of the Court of Appeal Rules, considering the length of the delay, the reasons for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
Outcome
The application is allowed.
Orders
- Time of service of notice of appeal and letter bespeaking proceedings be extended.
- Notice of appeal and the letter bespeaking proceedings dated 14th April 2021 be deemed as duly served within time.
- Time of filing and service of record of appeal be extended.
- The record of appeal filed on 1st March 2022 and served on 2nd March 2022 be deemed as filed and served within time.
- That costs of this application be provided for.
Remedies
- Extension of time for filing and serving the record of appeal and notice of appeal
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules
Cases cited (2)
- Leo Sila Mutiso Vs. Rose Hellen Wangari (1999) 2 EA 231
- Murai & 79 Others Vs. Amos Wainain [1979] eKLR
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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