Githuku v Gitau & 11 others (Civil Appeal (Application) E323 of 2022) [2022] KECA 1304 (KLR) (2 December 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1304
- Citation
- [2022] KECA 1304 (KLR)
- Decided
- 2 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for extension of time to file a Memorandum of Appeal and Record of AppealCoramGWN MACHARIA, Gacheru, L. Gacheru
Holding
The Court grants the application for extension of time to file a Memorandum of Appeal and Record of Appeal.
Facts
The applicant filed a suit in the ELC Court seeking an order of cancellation of title deeds and a declaration of ownership. The Court (Gacheru, J.) declared the 1st respondent to be the bona fide owner of the land and directed the cancellation of certain title deeds.
Issues
- Whether the application for extension of time to file a Memorandum of Appeal and Record of Appeal is merited.
Reasoning
The Court considers the length of delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent. The Court finds that the delay is not inordinate and grants the application.
Outcome
The application for extension of time to file a Memorandum of Appeal and Record of Appeal is granted.
Orders
- Extension of time to file a Memorandum of Appeal and Record of Appeal
Remedies
- Opportunity to exercise the right of appeal
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (1)
- Leo Sila Mutiso v Helen Wangari Mwangi [1999] 2 EA p231
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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