Faraj v Awadh (Civil Application E014 of 2023) [2023] KECA 1487 (KLR) (8 December 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1487
- Citation
- [2023] KECA 1487 (KLR)
- Decided
- 8 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file Notice of AppealCoramG. V. ODUNGA
Holding
The Court allows the Notice of Motion and extends the time to file the Notice of Appeal
Facts
Faraj v Awadh initiated a civil application against Faraj, claiming ownership of a land and house. Faraj alleged trespass by Faraj, while Faraj denied the claim, asserting the land was part of the estate of Ahmed Hamda Ahmed.
Issues
- Whether the Applicant's Notice of Appeal was filed within the time limit
- Whether the Applicant's delay in filing the Notice of Appeal was inordinate and inexcusable
Reasoning
The Court found the delay was not inordinate and inexcusable, and the Applicant was ready and willing to furnish any security as the Court may direct.
Outcome
The Court grants the extension of time to file the Notice of Appeal
Orders
- Extend the time to file the Notice of Appeal
Authorities cited
Cases cited (3)
- Utalii Transport Company Limited & 3 Others vs. NIC Bank Limited & Anor [2014] eKLR
- Philip Chemwolo & Another vs. Augustine Kubende [1986] KLR 492; (1982-88) KAR 103
- Waljee’s (Uganda) Ltd vs. Ramji Punjabhai Bugerere Tea Estates Ltd [1971] EA 188
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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