Bundi v Karani (Civil Application E335 of 2023) [2024] KECA 847 (KLR) (12 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 847
- Citation
- [2024] KECA 847 (KLR)
- Decided
- 12 July 2024
The Court allows the application and directs that the notice of appeal be filed within fourteen (14) days from the date of the ruling, and the record of appeal be filed and served within thirty (30) days from the date of filing the notice of appeal.
Facts
The judgment in Milimani HCCC No. 105 of 2011 was delivered on 19th June 2020. The applicant instructed his former advocate to file an appeal, but the advocate failed to properly lodge the notice of appeal and the record of appeal.
Issues
- Whether the applicant's application for extension of time to file and serve the notice of appeal should be granted.
- Whether the applicant's former advocate's failure to properly lodge the notice of appeal and the record of appeal constitutes an abuse of the court process.
Reasoning
The Court considers the delay in filing the application to be inordinate but well explained. The applicant's former advocate's mistake is not to be punished, and the applicant is granted the extension of time to file the notice of appeal.
Outcome
The application is granted.
Orders
- The notice of appeal shall be filed within fourteen (14) days from the date of the ruling.
- The record of appeal shall be filed and served within thirty (30) days from the date of filing the notice of appeal.
Remedies
- The applicant shall bear the costs of this application.
Authorities cited
Cases cited (2)
- Leo Sila Mutiso v Hellen Wangari Mwangi [1999] 2 EA 231
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
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