Kithure & others v Nculubi & 3 others (Civil Application 116 of 2019) [2022] KECA 400 (KLR) (4 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 400
- Citation
- [2022] KECA 400 (KLR)
- Decided
- 4 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge and serve a Notice of AppealCoramF. SICHALE
Holding
The Court of Appeal granted the extension of time for the applicants to lodge and serve a Notice of Appeal.
Facts
The applicants were unable to find a filed copy of the Notice of Appeal they intended to lodge against the judgment of the High Court of Kenya at Meru (Gikonyo, J.) in High Court Succession Cause No. 353 of 2004.
Issues
- Whether the applicants are entitled to an extension of time to lodge and serve a Notice of Appeal
- Whether the applicants' inability to find the filed copy of the Notice of Appeal justifies an extension of time
Reasoning
The Court of Appeal found that the applicants were aggrieved by the judgment and wished to appeal despite the lapse of time for lodging and serving the Notice of Appeal.
Outcome
Granted the extension of time
Orders
- Granted the extension of time for the applicants to lodge and serve a Notice of Appeal
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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