Njowawbu Kenya Limited v Mjengo Limited (Civil Application E072 of 2023) [2023] KECA 551 (KLR) (12 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 551
- Citation
- [2023] KECA 551 (KLR)
- Decided
- 12 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge an appeal out of timeCoramKI LAIBUTA
Holding
The applicant’s Notice of Motion dated 3rd September 2021 succeeds. The same is hereby allowed with orders that costs do abide the outcome of the intended appeal.
Facts
The judgment sought to be appealed from was delivered on 7th June 2022. The requisite notice of appeal was lodged on 28th June 2022. The applicant claims the delay was due to an inadvertent mistake of counsel and technological failure.
Issues
- Whether the intended appeal is arguable
- Whether the applicant has explained the reason for the delay in filing the appeal
Reasoning
The Court considers the technical challenges in communication of the notice to collect copies of proceedings, the time taken to apply for and obtain orders staying execution, and the fact that execution has been stayed by the Court. The Court finds the delay plausible and satisfactory.
Outcome
The applicant’s Notice of Motion is allowed.
Orders
- Extension of time to lodge the record of appeal
Remedies
- Costs do abide the outcome of the intended appeal
Authorities cited
Cases cited (3)
- Fakir Mohammed v Joseph Mugambi and two others [2005] eKLR
- Andrew KiplagatChemaringo v Paul Kipkorir Kibet [2018] eKLR
- Abdul Aziz Ngoma v Mungai Mathayo [1976] Kenya LR
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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