Kamau v Mburu (Civil Application E010 of 2025) [2025] KECA 570 (KLR) (14 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 570
- Citation
- [2025] KECA 570 (KLR)
- Decided
- 14 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve the Notice of Appeal out of timeCoramS. ole KANTAI
Holding
The application for extension of time is allowed. The Notice of Appeal is deemed as duly and properly filed. A record of appeal is to be lodged within 21 days of the ruling.
Facts
Judgment was delivered on 12th October, 2024 in the absence of the applicant's lawyer. A notice of appeal was lodged on 14th November, 2024, which was out of time.
Issues
- Whether to extend the time for appealing the judgment
- Whether the applicant's delay in lodging the notice of appeal was unreasonable given her age and circumstances
Reasoning
The Court considered the principles of discretionary extension of time for appealing, the length of delay, the reason for the delay, and the degree of prejudice to the respondent. The applicant's age and circumstances were taken into account, and the Court found no unreasonable delay.
Outcome
The application is allowed.
Orders
- The Notice of Appeal dated 11th November, 2024 lodged on 14th November, 2024 is deemed as duly and properly filed.
- A record of appeal is to be lodged within 21 days of today.
Remedies
- Costs of the Motion will be in the 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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