Kichula & another v Kichula (Suing as the administrator of the Estate of the Late Philemon Kichula Pondo) & 4 others (Civil Application E219 of 2021) [2022] KECA 927 (KLR) (24 June 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 927
- Citation
- [2022] KECA 927 (KLR)
- Decided
- 24 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time for filing and service of Notice of AppealCoramP. O. KIAGE
Holding
The Court allows the motion and deems the record of appeal as duly filed and served within the prescribed time.
Facts
The applicants filed a Notice of Appeal on 22nd October, 2019, but were advised to seek leave from the High Court. They then sought leave on 28th May, 2020, which was granted. However, the record of appeal was incomplete due to the delay.
Issues
- Whether the applicants can have the record of appeal deemed as duly filed and served despite the delay
Reasoning
The Court exercised its discretion to extend the time limit for filing the appeal due to the applicants' efforts to comply with the rules despite the delay.
Outcome
The applicants' motion is allowed.
Orders
- The record of appeal filed on 29th November, 2021 and served on 2nd December, 2021 is deemed to have been filed and served within the prescribed time.
Remedies
- Costs of the motion shall be in the appeal.
Authorities cited
Cases cited (4)
- Muringa Company Limited -vs- Archdiocese of Nairobi Registered Trustees
- Michael Muriuki Ngibuini -vs- East African Building Society
- Nicholas Kiptoo Arap Korir Salat -vs- Independent Electoral And Boundaries Commission & 7 Others
- Agatha -vs- Azad & 3 Others
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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