Saina Cheruiyot v Fredrick Ouma Omonde [2005] KEHC 1936 (KLR)
- Court
- High Court of Kenya
- Case number
- 1936
- Citation
- [2005] KEHC 1936 (KLR)
- Decided
- 25 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge an appeal
Holding
The court grants the application and extends the time for lodging an appeal
Facts
The applicant, Saina Cheruiyot, failed to appeal within 30 days from the decree in Eldoret CMCC. No. 69 of 2001. She claims she was not notified of the judgment immediately after delivery.
Issues
- Whether the court has jurisdiction to extend the time for lodging an appeal
- Whether the applicant has an arguable appeal
- Whether the court should consider the applicant's reasons for the delay
Reasoning
The court finds that the applicant was not notified of the judgment immediately after delivery and that she had an arguable appeal. The court exercises its discretion to extend the time for lodging an appeal.
Outcome
Application granted
Orders
- Time for lodging an appeal extended
Remedies
- Costs provided for
Authorities cited
Legislation (1)
- Civil Procedure Act (Cap.21)
Cases cited (1)
- Jayantkumar Shah –vs- Midco Holdings Limited
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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