Gichuru & another v Kibiego (Civil Application E002 of 2024) [2024] KECA 641 (KLR) (7 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 641
- Citation
- [2024] KECA 641 (KLR)
- Decided
- 7 June 2024
The application is allowed, and the law firm of Rotuk & Co. Advocates is granted leave to come on record as the advocates for the 1st applicant. An extension of seven (7) days is granted to enable the applicant to file and serve the Notice of Appeal.
Facts
The judgment in question was delivered on 13th December 2023, but the Notice of Appeal was filed on 29th December 2023, indicating the judgment was delivered on 15th December 2023. The applicants' advocates had closed their offices between 12th December 2023 and 8th January 2024.
Issues
- Delay in filing an accurate Notice of Appeal
- Error in the Notice of Appeal
Reasoning
The delay in filing an accurate Notice of Appeal has been sufficiently explained by the applicant. The error in the Notice of Appeal and the delay in filing it are matters for which the applicant and their advocates must take full responsibility.
Outcome
The application is granted.
Orders
- Leave to the law firm of Rotuk & Co. Advocates to come on record as the advocates for the 1st applicant
- Extension of seven (7) days to file and serve the Notice of Appeal
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