Kibue & 2 others v Kamithi & another (Civil Application E149 of 2025) [2025] KECA 1112 (KLR) (20 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1112
- Citation
- [2025] KECA 1112 (KLR)
- Decided
- 20 June 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for Extension of Time to file a Memorandum of Appeal and Record of AppealCoramF. Sichaile, JA
Holding
The applicants' motion is allowed and they are granted an extension of time to file their Memorandum of Appeal and Record of Appeal within 30 days from the date of this ruling.
Facts
The applicants filed their Record of Appeal on 16th November 2020 but it was served out of time due to the trial court's delay in typing the remaining proceedings. The applicants sought an extension of time to file their Memorandum of Appeal and Record of Appeal.
Issues
- Whether the applicants can be granted an extension of time to file their Memorandum of Appeal and Record of Appeal
- Whether the applicants' delay in filing their Record of Appeal was reasonable
Reasoning
The delay was explained as due to the trial court's delay in typing the remaining proceedings, and the reasons given were considered reasonable. The applicants demonstrated the existence of principles for consideration in the exercise of discretion.
Outcome
The applicants' motion is allowed.
Orders
- The applicants shall file their Memorandum and Record of Appeal within a period of 30 days from the date of this ruling.
- The costs of this motion shall abide the outcome of the intended appeal.
Remedies
- Extension of time to file Memorandum of Appeal and Record of Appeal
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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