Maganjo v Gatimu & 6 others (Civil Application 116 of 2020) [2023] KECA 696 (KLR) (24 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 696
- Citation
- [2023] KECA 696 (KLR)
- Decided
- 24 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file record of appealCoramJAMILA MOHAMMED
Holding
The motion is allowed, and the applicant shall file and serve the memorandum of appeal and the record of appeal within 45 days from the date of this ruling.
Facts
The applicant, Joseph Karimi Maganjo, sought to file and serve the record of appeal out of time due to delays in obtaining certified copies of the proceedings.
Issues
- Whether the applicant's motion for extension of time to file the record of appeal is merited
- Whether the intended appeal has a reasonable chance of success
Reasoning
The court found the delay not inordinate and well explained, and the intended appeal has an arguable chance of success.
Outcome
The motion is allowed.
Orders
- The applicant shall file and serve the memorandum of appeal and the record of appeal within 45 days from the date of this ruling.
- The costs of this motion shall abide the outcome of the intended appeal.
Remedies
- Extension of time to file the record of appeal
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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