Kungu v Waiganjo & 3 others (Civil Application E025 of 2023) [2024] KECA 267 (KLR) (8 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 267
- Citation
- [2024] KECA 267 (KLR)
- Decided
- 8 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file an appeal out of timeCoramFA OCHIENG
Holding
The court grants the application for extension of time to file an appeal out of time.
Facts
The applicant, Paul Kagia Kungu, seeks to extend the time to file an appeal out of time from the decision of the Environment & Land Court at Nyahururu dated 10th February, 2022 in ELC Case No. 385 of 2017.
Issues
- Whether the delay in filing the appeal was deliberate
- Whether the applicant is entitled to an extension of time to file the appeal
- Whether the applicant should be made to suffer as a result of the delay
Reasoning
The court finds that the delay was not deliberate and not brought about by the applicant's actions. The applicant is a man of small means and his son is no longer in a position to fund the trial suit.
Outcome
The court grants the application.
Orders
- leave to file an appeal out of time
- extension of time to file a notice of appeal and lodge a memorandum of appeal
- deeming the draft notice of appeal as duly filed
- costs abide the outcome of the appeal
Remedies
- extension of time to file an appeal out of time
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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