Murere v Nyongesa (Civil Appeal (Application) E150 of 2023) [2024] KECA 130 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 130
- Citation
- [2024] KECA 130 (KLR)
- Decided
- 9 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for extension of time to file Record of AppealCoramJM NGUGI, Kemei
Holding
The application is allowed, and the applicant shall lodge and serve the Record of Appeal within fourteen (14) days.
Facts
The applicant was an objector in Bungoma High Court Succession Cause No. 137 of 2005. The applicant was late in lodging his Notice of Appeal and applied for leave to file it out of time. The High Court allowed the application, but the applicant did not receive the certified copy of the proceedings until 62 days after the Notice of Appeal was filed.
Issues
- Whether the Court has the discretion to grant an extension of time for filing the Record of Appeal
- Whether the applicant's failure to copy the request to the respondents is a valid reason for the delay
Reasoning
The Court has the discretion to grant an extension of time under Rule 4 of the Court of Appeal Rules. The applicant's delay was not inordinate and was caused by the failure of his advocate to copy the request to the respondents.
Outcome
Application allowed
Orders
- The applicant shall lodge and serve the Record of Appeal within fourteen (14) days
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (1)
- Leo Sila Mutiso v Hellen Wangari Mwangi 2 EA 231
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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