Ngari & 2 others v David (Civil Application E074 of 2024) [2024] KECA 1349 (KLR) (3 October 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1349
- Citation
- [2024] KECA 1349 (KLR)
- Decided
- 3 October 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge Notice of AppealCoramS. OLE KANTAI
Holding
The court grants an extension of time to lodge the Notice of Appeal, but does not decide on the success of the intended appeal.
Facts
The High Court delivered a judgment on July 24, 2024, in a road traffic accident case, apportioning liability and awarding damages. The applicants became aware of the judgment on August 14, 2024, and sought an extension to appeal.
Issues
- Whether to extend the time to lodge a Notice of Appeal
- Whether the applicants will be prejudiced by the extension
Reasoning
The court considers the length of delay, the reason for the delay, and the potential prejudice to the respondent. The court finds the delay reasonable and grants the extension.
Outcome
The court grants the application for extension of time to lodge the Notice of Appeal.
Orders
- Notice of appeal to be lodged within seven (7) days
- Record of appeal to be lodged within thirty (30) days thereafter
Remedies
- Costs of the Motion will be in the appeal
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules, 2010
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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