DSM v MWG (Civil Application E075 of 2021) [2024] KECA 229 (KLR) (8 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 229
- Citation
- [2024] KECA 229 (KLR)
- Decided
- 8 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve Notice of AppealCoramAK MURGOR, JA
Holding
The court extends the time for the applicant to file and serve the Notice of Appeal.
Facts
The applicant, DSM, sought an extension of time to file and serve a Notice of Appeal against the judgment of the High Court of Kenya at Mombasa delivered on August 31, 2021. The applicant claimed that she was not notified of the judgment's delivery date and that she was not present when the judgment was delivered.
Issues
- Whether the applicant was notified of the judgment's delivery date
- Whether the delay in filing the appeal is justifiable
Reasoning
The court found that the applicant was not notified of the judgment's delivery date on August 31, 2021, and that this lack of notice is a sufficient reason for the delay in filing the appeal.
Outcome
The court grants the application for extension of time to file and serve the Notice of Appeal.
Orders
- The notice of appeal lodged on August 31, 2023, be and is hereby deemed as properly filed and served on the respondent.
Remedies
- Extension of time to file and serve the Notice of Appeal
Authorities cited
Legislation (3)
- Court of Appeal Rules, 2010
- Appellate Jurisdiction Act
- Constitution of Kenya, 2010
Cases cited (1)
- Kenya Airports Authority v Kahia & another (Civil Application E079 of 2023) [2023] KECA 1549 (KLR)
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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