M'Marete (Substituted by Marete Maingi wa Mugambi & Mugambi Mirithi Maingi) & 5 others v Gatembu (Sued as legal representative of the Estate of Joseph Muguna - Deceased) (Civil Appeal (Application) E108 of 2021) [2023] KECA 1573 (KLR) (11 December 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1573
- Citation
- [2023] KECA 1573 (KLR)
- Decided
- 11 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for extension of time and injunctionCoramJ MOHAMMED, JA
Holding
The application is granted, and the applicant is granted an extension of time to file a notice of address of service and is enjoined as a 2nd respondent.
Facts
The applicants were co-defendants in an ELC case, but were not enjoined as the 2nd respondent or served with the record of appeal. The applicant seeks an extension of time to file a notice of address of service and an injunction as a 2nd respondent.
Issues
- Whether the application is deserving of the orders sought
- Whether the reasons for delay are reasonable and plausible
Reasoning
The court exercised its discretion under Rule 4 of the Court of Appeal Rules, considering factors such as the length of delay, the reason for the delay, and the possible prejudice to the respondent. The court found the reasons for delay reasonable and granted the application.
Outcome
Application granted
Orders
- Extension of time to file a notice of address of service
- Enjoin the applicant as the 2nd respondent
Authorities cited
Cases cited (3)
- Fakir Mohammed v Joseph Mugambi & 2 Others
- Muringa Company Ltd v Archdiocese of Nairobi Registered Trustees
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet
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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