Kiurire v Kimani (Civil Application E001 of 2022) [2023] KECA 638 (KLR) (3 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 638
- Citation
- [2023] KECA 638 (KLR)
- Decided
- 3 February 2023
The application for extension of time to file and serve the Record of Appeal is granted, and the costs of the application are provided for.
Facts
The impugned judgment was delivered on September 14, 2021. The applicant filed a notice of appeal on September 30, 2021, and a letter requesting certified copies of proceedings on October 11, 2021. The certified copies were ready on December 8, 2021, and a certificate of delay was issued on December 23, 2021, indicating a 44-day delay.
Issues
- Whether to grant leave to appeal out of time
- Whether to grant a stay of execution pending appeal
Reasoning
The court exercised its discretion to grant the application, considering the length of the delay, the reasons for the delay, and the possibility of the appeal succeeding.
Outcome
The application for extension of time to file and serve the Record of Appeal is granted.
Orders
- Leave to appeal out of time granted
- Stay of execution of the impugned judgment granted
Remedies
- Costs of the application provided for
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Rules of the Environment & Land Court of Kenya
Cases cited (1)
- Fakir Mohamed v. Joseph Mugambi & 2 others C.A. NO. NAI. 332 of 2004
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