Katama v Itute & another (Civil Application E533 of 2024) [2025] KECA 682 (KLR) (11 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 682
- Citation
- [2025] KECA 682 (KLR)
- Decided
- 11 April 2025
The application is denied as the notice of appeal was filed within the prescribed time frame and the applicant did not seek leave to file the notice of appeal.
Facts
The applicant, Bernard Ngui Katama, sought leave to file his memorandum of appeal and record of appeal out of time against the judgment of the High Court at Makueni (M.T. Matheka J.) dated 6th September 2024. The judgment was a ruling on an application for review of its judgment dated 15th April 2024.
Issues
- Whether the applicant's application for leave to file a memorandum of appeal and record of appeal out of time is valid
- Whether the notice of appeal was filed within the prescribed time frame
Reasoning
The Court ruled that the applicant had fourteen (14) days from the date of the ruling he sought to appeal from, and he had until 20th September 2024 to file his notice of appeal. The notice of appeal was filed on 17th September 2024, which was within the timeframe set by the rules.
Outcome
Denied
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