Michira & 41 others v Aegis Kenya Limited t/a Leopard Beach Hotel (Civil Application E034 of 2024) [2024] KECA 1285 (KLR) (27 September 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1285
- Citation
- [2024] KECA 1285 (KLR)
- Decided
- 27 September 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file a Record of AppealCoramJW LESSIT, Mbaru, Waki
Holding
The application is allowed, and the time for filing the memorandum of appeal and record of appeal is extended.
Facts
The applicants failed to file their memorandum of appeal and record of appeal within the stipulated time due to delays in obtaining instructions, obtaining a signed certificate of delay, and the delay in receiving court proceedings. Their current advocate was instructed on 22nd March 2024 and their file was forwarded to them on 28th March 2024.
Issues
- Whether the applicants are entitled to an extension of time to file their memorandum of appeal and record of appeal
- Whether the applicants' appeal is arguable
- Whether the applicants will suffer prejudice if the application is allowed
Reasoning
The court finds merit in the application and orders an extension of time, as the applicants have raised bona fide issues and the delay has been adequately explained.
Outcome
The application is allowed.
Orders
- The Notice of Motion application dated 9th April 2024 be and is hereby allowed.
- The time for the ling of the memorandum of appeal and the record of appeal be and is hereby extended.
- The applicant do le the memorandum of appeal and the record of appeal within 21 days of the date of this ruling and serve both upon the respondent within 14 days from the date of ling thereof.
- The costs of the application shall abide the appeal.
Remedies
- Extension of time to file the memorandum of appeal and record of appeal
Authorities cited
Cases cited (1)
- Athuman Nusura Juma vs. Afwa Mohamed Ramadhan [2016] eKLR
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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