Mayon (Suing as legal representatives of the Estate of Saginoi Ole Ndetuka aka Sagindi Ole Ndentuka - Deceased) v Mwai & 4 others (Civil Application E171 of 2023) [2023] KECA 914 (KLR) (24 July 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 914
- Citation
- [2023] KECA 914 (KLR)
- Decided
- 24 July 2023
The applicant's application for extension of time to file the record of appeal is allowed, and the record of appeal shall be filed within 14 days from the date of this ruling.
Facts
The applicant failed to file an appeal within the prescribed time due to receiving typed proceedings after the appeal period had lapsed. The applicant claims he filed the appeal within time and has a merited appeal.
Issues
- Whether the applicant's failure to file the appeal within time was due to a good reason
- Whether the time taken for the preparation and delivery of certified copies of proceedings and judgment should be excluded from the computation of time for filing the record of appeal
Reasoning
The applicant filed the notice of appeal within time but faced delays in receiving typed copies of proceedings and judgment. The time taken for preparation and delivery of certified copies is excluded from the computation of time for filing the record of appeal.
Outcome
The applicant's motion for extension of time to file the record of appeal is granted.
Orders
- The record of appeal shall be filed within 14 days from the date of this ruling.
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