Mboroki v Naitore & another (Civil Application E066 of 2024) [2024] KECA 1347 (KLR) (3 October 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1347
- Citation
- [2024] KECA 1347 (KLR)
- Decided
- 3 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve record of appealCoramS. ole KANTAI
Holding
The application for extension of time to file an appeal is allowed.
Facts
The applicant, Nelson Mboroki, failed to file an appeal within the time limit set by the Environment and Land Court. He claims his former lawyers failed to file a record of appeal despite lodging a notice of appeal.
Issues
- Whether to extend the time for filing an appeal
- Whether the grounds of appeal are worth considering
Reasoning
The delay in filing the appeal was due to the failure of the applicant's lawyers to file a record of appeal, which was not deliberate. The grounds of appeal are not idle.
Outcome
The applicant is allowed to file an appeal within 14 days of the ruling.
Orders
- The applicant is ordered to lodge a record of appeal within 14 days of the ruling
Authorities cited
Cases cited (1)
- Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi [1999] 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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