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FLAMINGO BOTTLERS LTD. vs BENARD MWANGI [2003] KEHC 747 (KLR)

[2003] KEHC 747 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
747
Citation
[2003] KEHC 747 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants seek to extend the time for filing an appealCoramALNASHIR VISRAM
Holding

The court allows the application and orders the advocate to pay the respondent's thrown away costs

Facts

The appeal was filed on June 3, 2003, but the last day for filing was May 30, 2003, a Friday. The Appellants' advocate, Henry Aminga, filed the appeal on the next working day due to a mistake.

Issues

  1. Extension of time for filing an appeal
  2. Veracity of the advocate's statements

Reasoning

The court finds that it would be unfair to punish the Appellant for a mistake of their advocate and accepts the advocate's explanation.

Outcome

The application is allowed

Orders

  • Order that Mr. Aminga do personally pay the Respondent's thrown away costs
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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