Muindi v Muindi (Civil Application E157 of 2023) [2024] KECA 373 (KLR) (28 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 373
- Citation
- [2024] KECA 373 (KLR)
- Decided
- 28 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time for giving notice of appeal and for leave to appeal out of timeCoramP. O. KIAGE
Holding
The motion for extension of time and leave to appeal out of time is granted
Facts
The applicant, Teresa Muindi, sought an extension of time and leave to file an appeal out of time from the judgment of the High Court at Kiambu delivered on 11th October 2017. The respondent, Wamuya Muindi, opposed the motion.
Issues
- Whether the applicant has a meritorious appeal
- Whether the applicant's financial situation and lack of legal advice justified the delay in filing the notice of appeal
Reasoning
The court found that the applicant had a meritorious appeal and that the delay was due to her financial situation and lack of legal advice, which were not due to a lack of knowledge of her right to appeal.
Outcome
The motion is granted
Orders
- The motion for extension of time and leave to appeal out of time is granted
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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