Miiri v Miiri (Civil Application 69 of 2020) [2022] KECA 39 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 39
- Citation
- [2022] KECA 39 (KLR)
- Decided
- 4 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time for filing notice of appeal and leave to appeal out of timeCoramOLE KANTAI, JA
Holding
The application for extension of time for filing notice of appeal and leave to appeal out of time is granted.
Facts
The applicant, Esther Wanjiru Miiri, is a daughter of the deceased, Miiri Nderi. She was involved in litigation with the respondent, Francis Muriithi Miiri, in the same cause. She was not notified of the judgment and was not served with a judgment notice. The estate was not equally distributed, and daughters were discriminated against.
Issues
- Whether the applicant's request for extension of time for filing notice of appeal and leave to appeal out of time should be granted.
- Whether the applicant's grounds for appeal are valid.
Reasoning
The applicant was not notified of the judgment and was not served with a judgment notice due to the pandemic. The court grants the extension of time for filing notice of appeal and leave to appeal out of time.
Outcome
The application is granted.
Orders
- Extension of time for filing notice of appeal and leave to appeal out of time granted.
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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