Kipkorir & 3 others v Kipngochoch Farm Co Ltd & 2 others (Civil Application E062 of 2023) [2024] KECA 70 (KLR) (2 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 70
- Citation
- [2024] KECA 70 (KLR)
- Decided
- 2 February 2024
The applicants' application for extension of time to file a notice of appeal is allowed.
Facts
The applicants sought an extension of time to file a notice of appeal due to their previous advocates' belief that the judgment would be delivered later, as the learned Judge was on annual leave. The applicants filed a notice of appeal on 26th May 2023, 4 days after the judgment was delivered.
Issues
- Whether the applicants' delay in filing the notice of appeal was inordinate.
- Whether the applicants' previous advocates' delay was justified and sufficient to warrant an extension of time.
Reasoning
The court found that a delay of 7 days was not inordinate and that the applicants' previous advocates were prudent in responding to the delay. The court granted the extension of time.
Outcome
The applicants' Notice of Appeal dated 23rd May 2023 and filed on 26th May 2023 is deemed as properly filed. The costs of the application shall abide the outcome of the intended appeal.
Orders
- The applicants' Notice of Appeal dated 23rd May 2023 and filed on 26th May 2023 is deemed as properly filed.
- The costs of this application shall abide the outcome of the intended appeal.
Authorities cited
Cases cited (1)
- County Executive of Kisumu v. County Government of Kisumu & 8 others [2017] eKLR
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