Buxton Point Apartments Ltd & 2 others v Gele t/a Buxton Filling Station & 3 others (Civil Appeal (Application) E085 of 2023) [2024] KECA 435 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 435
- Citation
- [2024] KECA 435 (KLR)
- Decided
- 12 April 2024
The application for extension of time to file and serve a Record of Appeal is allowed. The Record of Appeal dated 13th September 2023 and filed on 15th September 2023 is hereby deemed as properly filed and served on all the parties.
Facts
The applicants, Buxton Point Apartments Ltd, Hon. Suleiman Shahbal, and Roton Construction Co. Ltd, sought an extension of time to file and serve a Record of Appeal against the Judgment/Decree of the Environment and Land Court at Mombasa delivered on 27th March 2023. They claimed they were aggrieved by the Ruling and intended to appeal it, but faced delays in obtaining certified copies of the proceedings.
Issues
- Extension of time to file and serve a Record of Appeal
- Deeming the Record of Appeal as properly filed and served
Reasoning
The court allowed the application due to the delay in obtaining certified copies of the proceedings, which was caused by the lower court registry's delay in supplying them, despite the applicants having requested them since 27th March 2023.
Outcome
The application for extension of time to file and serve a Record of Appeal is granted.
Orders
- The Record of Appeal dated 13th September 2023 and filed on 15th September 2023 is deemed as properly filed and served on all the parties.
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