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Serah Wanjiru Migwi & another v Njoki Njenga [2016] KEELC 634 (KLR)

[2016] KEELC 634 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
634
Citation
[2016] KEELC 634 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent filed an application to strike out the Memorandum of Appeal as filed one day late.CoramMUNYAO SILA
Holding

The court allowed the appeal but subject to payment of throw away costs.

Facts

The appeal was filed one day late, but the respondent argued it was within the time frame.

Issues

  1. Whether the appeal was filed within the prescribed time frame.
  2. Whether the court should exercise its discretion to extend the time frame for filing the appeal.

Reasoning

The court ruled the appeal was filed one day late, but considering the circumstances, it extended the time frame for filing the appeal.

Outcome

Appeal allowed but subject to payment of throw away costs.

Orders

  • Throw away costs of Kshs. 10,000/= to be paid within 30 days.
  • Memorandum of Appeal to stand struck out in default of payment.

Remedies

  • Throw away costs of Kshs. 10,000/=
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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