Moronge & 6 others (Suing On Their Own Behalf and On Behalf of the General Kenyan Public Affected) v Safaricom PLC Kenya & 3 others (Civil Application E118 of 2023) [2024] KECA 426 (KLR) (5 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 426
- Citation
- [2024] KECA 426 (KLR)
- Decided
- 5 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file record of appealCoramHA OMONDI
Holding
The application for extension of time to file the record of appeal is allowed
Facts
The applicants filed a constitutional petition against the respondents, and the 4th respondent raised a preliminary objection. The High Court dismissed the petition. The applicants now seek to appeal this dismissal.
Issues
- Whether the applicants should be granted an extension of time to file the record of appeal
- Whether the applicants' delay in filing the record of appeal was undue and satisfactorily explained
Reasoning
The applicants' delay was adequately explained by the Deputy Registrar's certificate of delay, and their counsel's diligent efforts. The court exercised its discretion in favour of the applicants.
Outcome
The application is allowed
Orders
- The time within which to file and serve the respondents with the record of appeal is enlarged
- The record of appeal annexed is deemed as properly filed and served
- Costs of this application shall abide the outcome of the appeal
Authorities cited
Cases cited (2)
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
- Athuman Nasura Juma v Afwa Mohammed Ramadhan [2016] eKLR
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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