Jiwani v Mohamed & 3 others (Civil Application E244 of 2024) [2024] KECA 984 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 984
- Citation
- [2024] KECA 984 (KLR)
- Decided
- 26 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file a Notice of AppealCoramOLE KANTAI
Holding
The court grants leave to appeal out of time and directs the applicant to lodge the Notice of Appeal within 7 days of the ruling.
Facts
The applicant, Jiwani, filed a suit involving a dispute over ownership of a parcel of land. The suit was dismissed, and a judgment was intended to be published 'in due course'. However, a copy of the judgment was not availed to the applicant until after the 14-day period for filing an appeal had lapsed.
Issues
- Whether to grant leave to appeal out of time
- Whether the appeal has chances of success
Reasoning
The court considered the length of delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondents. The court found the delay reasonable and granted leave to appeal.
Outcome
Leave to appeal granted
Orders
- The applicant is directed to lodge the Notice of Appeal within 7 days of the ruling
Remedies
- Costs of the Motion will be in the appeal
Authorities cited
Cases cited (1)
- Fakir Mohamed vs. Joseph Mugambi & 2 Others [2005] eKLR
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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