Clemensia Nyanchoka Kinaro v Joyce Nyansiaboka Onchomba [2021] KEELC 1654 (KLR)
- Court
- Environment & Land Court
- Case number
- 1654
- Citation
- [2021] KEELC 1654 (KLR)
- Decided
- 7 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file Notice of AppealCoramGithinji, Kimaru, Munyao
Holding
The Court has jurisdiction to extend time for filing a Notice of Appeal.
Facts
The Applicant filed an application seeking an extension of time to file a Notice of Appeal against a ruling delivered in her absence due to the Covid-19 pandemic. The Respondent opposed the application.
Issues
- Whether the Court has jurisdiction to extend time for filing a Notice of Appeal.
- Whether the Applicant should be granted leave to file a Notice of Appeal out of time.
Reasoning
Section 7 of the Appellate Jurisdiction Act grants the High Court power to extend time for filing a Notice of Appeal. The court ruled that the High Court has the power to extend time for filing a Notice of Appeal, and the power is not exclusive to the Court of Appeal.
Outcome
The Court granted the extension of time for filing the Notice of Appeal.
Orders
- Extension of time for filing the Notice of Appeal granted.
Authorities cited
Legislation (1)
- Appellate Jurisdiction Act, Cap 9 of the Laws of Kenya
Cases cited (4)
- Edward Njane Nganga & Another v Damaris Wanjiku Kamau & Another [2016]eKLR
- Loise Chemutai Ngurule & Another v Winfred Leshwari Kimung’en & 2 Others [2015]eKLR
- Simon Towett Martim v Jotham Muiruri Kibaru, Nakuru High Court, Miscellaneous Civil Application No. 172 of 2004 (2004) eKLR
- Kenya Airports Authority & Another vs Timothy Nduvi Mutungi, Court of Appeal, Civil Application NO. NAI 165 of 2013 (UR 113/2013) (2014) 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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