Nyaboga v Chiemeke (The legal representative of Agustina Ngozi Ngwu) (Civil Application E071 of 2023) [2024] KECA 752 (KLR) (21 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 752
- Citation
- [2024] KECA 752 (KLR)
- Decided
- 21 June 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for enlargement of time to allow the applicant serve a notice of appeal outside the requisite time under the Court of Appeal RulesCoramFA OCHIENG
Holding
The Court extended the time for service of the notice of appeal and deemed it served within the time as extended by the Court.
Facts
The applicant, David Nyaboga, sought an extension of time to serve a notice of appeal due to late service. The notice of appeal was dated 9th November 2023 but was filed on 14th November 2023. It was served on the respondent on 1st December 2023.
Issues
- Whether the applicant was entitled to an extension of time to serve the notice of appeal
- Whether the orders sought would cause prejudice to the respondent
Reasoning
The Court found that the applicant was late in serving the notice of appeal and granted the extension to allow the notice to be deemed served within the time extended by the Court.
Outcome
The Court extended the time for service of the notice of appeal and deemed it served within the time as extended by the Court.
Orders
- The time for the service of the notice of appeal be and is hereby extended.
- The notice of appeal which was served on 1st December, 2023 be deemed to have been served within time, as extended by the Court.
Remedies
- Costs of the application be in the cause, in the substantive appeal.
Authorities cited
Legislation (1)
- Court of Appeal Rules, 2022
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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