Kihumba v Kimotho & another (Civil Application E356 & E357 of 2023 (Consolidated)) [2024] KECA 345 (KLR) (15 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 345
- Citation
- [2024] KECA 345 (KLR)
- Decided
- 15 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve the Notice of AppealCoramP. O. KIAGE
Holding
The application for extension of time to file and serve the Notice of Appeal is granted, and the applicant is given seven (7) days from the date of this order to lodge the Notice of Appeal.
Facts
The applicant sought to extend the time to file and serve the Notice of Appeal from the Judgment and Decree of the Environment and Land Court at Nairobi (A. Omollo, J.) dated 22nd June 2023 due to a change in legal advice and delay in filing the appeal.
Issues
- Extension of time to file and serve the Notice of Appeal
- Stay of execution pending the hearing and determination of the intended appeal
Reasoning
The Court considered the length of delay, the reason for the delay, and the chances of the appeal succeeding, and granted the extension due to the plausible explanation provided by the applicant.
Outcome
The application is granted.
Orders
- Extension of time to file and serve the Notice of Appeal
Remedies
- Extension of time to file and serve the Notice of Appeal
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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