Gathekia & 5 others v Mukui & another (Civil Application E042 of 2023) [2024] KECA 1039 (KLR) (28 May 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1039
- Citation
- [2024] KECA 1039 (KLR)
- Decided
- 28 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file the Record of AppealCoramJ. G. Kemei, J.G. Kemei, Mohammed, Odek, Waki
Holding
The Court grants the application for extension of time to file the record of appeal.
Facts
The applicants were the defendants in High Court Case No. 224 of 2017 Consolidated with ELC case No. 517 of 2017. The impugned judgment was delivered on 20th January, 2021. The applicants failed to file the record of appeal within the required timelines.
Issues
- Whether the Court should grant the application for extension of time to file the record of appeal
- Whether the applicants have valid and clear reasons for the delay in filing the record of appeal
Reasoning
The Court exercised its discretion under Rule 4 of the Court of Appeal Rules, 2010, considering the length of the delay, the reason for the delay, and the chances of the appeal succeeding if the application is granted.
Outcome
The Court grants the application for extension of time to file the record of appeal.
Orders
- Grant the application for extension of time to file the record of appeal
Authorities cited
Cases cited (4)
- Leo Sila Mutiso v Rose Hellen Wangare Mwangi
- Fahim Yasin Twaha v Timamy Issa Abdalla & 2 others
- Waki, JA Habo Agencies Limited v. Wilfred Odhiambo Musingo
- Rajesh Rughani v Fifty Investment Ltd. & Another
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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