Kabiru & 3 others v Njau (Civil Application E080 of 2024) [2024] KECA 1154 (KLR) (20 September 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1154
- Citation
- [2024] KECA 1154 (KLR)
- Decided
- 20 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file a Notice of Appeal and Record of AppealCoramGV ODUNGA, Lakha, Waki
Holding
The court grants the application and extends the time for filing a Notice of Appeal and the record of appeal.
Facts
Kabiru Muiruri filed ELC No. 22 of 1985 against the respondent before a Resident Magistrate, which was determined in the deceased's favor. A subsequent appeal in ELC Appeal No. 93 of 2019 was allowed, and the learned judge upheld the appeal and set aside the magistrate's ruling. The applicants' father died on 12th April, 2023, and they were unable to file a Notice of Appeal immediately.
Issues
- Whether the applicants' application for extension of time to file a Notice of Appeal should be granted.
- Whether the applicants' father's death and subsequent delay in filing the appeal should be considered in granting the extension.
Reasoning
The court exercised its discretion to grant the extension, considering the period of delay, the reasons for the delay, the arguability of the appeal, and the potential prejudice to the respondent.
Outcome
The application is granted.
Orders
- The time for filing a Notice of Appeal and the record of appeal is extended.
- The Notice of Appeal and record of appeal must be filed and served within 14 and 60 days respectively from the date of filing the Notice of Appeal.
Remedies
- Extension of time to file a Notice of Appeal and record of appeal.
Authorities cited
Cases cited (3)
- Fakir Mohamed vs. Joseph Mugambi & 2 others [2005] eKLR
- Chemwolo and Another v Kubende [1986] KLR 492; [1986-1989] EA 74
- Waljee’s (Uganda) Ltd v Ramji Punjabhai Bugerere Tea Estates Ltd [1971] EA 188
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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