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Hailu v Kaara & another (Civil Application E144 of 2024) [2024] KECA 671 (KLR) (14 June 2024) (Ruling)

[2024] KECA 671 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
671
Citation
[2024] KECA 671 (KLR)
Decided
14 June 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to extend time to file the record of appealCoramOLE KANTAI, JA
Holding

The court allowed the motion to extend time and ordered the applicant to lodge the Record of Appeal within fourteen (14) days of the ruling.

Facts

The applicant, Zewdi Tesfamichael Hailu, sought to extend time to file and serve a memorandum of appeal and record of appeal due to delays in filing an appeal after receiving a judgment and decree from the Environment and Land Court.

Issues

  1. Whether to extend the time for appealing the judgment and decree
  2. Whether the applicant's delay in filing an appeal was justified

Reasoning

The court found that the applicant had a satisfactory reason for the delay and that there was no prejudice to the respondents if they had to go through an appeal process.

Outcome

The motion for leave to extend time to file the record of appeal was granted.

Orders

  • The applicant is ordered to lodge the Record of Appeal within fourteen (14) days of the ruling

Authorities cited

Cases cited (1)
  • Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi [1999] 2 EA 231
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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