Japhet Maina Mbogo & 2 others v Karung'e Properties Limited [2006] KEHC 2729 (KLR)
- Court
- High Court of Kenya
- Case number
- 2729
- Citation
- [2006] KEHC 2729 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplicants seek to extend time to file an appeal out of timeCoramH. M. OKWENGU
Holding
The court grants the application and allows the applicants to file their appeal within 14 days
Facts
The applicants failed to file an appeal within 30 days of the judgment. The lower court did not supply the proceedings and judgment in time.
Issues
- Whether the applicants can extend the time to file an appeal
- Whether the applicants are guilty of inordinate delay
Reasoning
The court finds that the applicants did not file their appeal within the required period but were not guilty of inordinate delay. The court exercises its discretion to allow the appeal.
Outcome
The application is granted
Orders
- Leave granted to the applicants to file their appeal within 14 days from the date of the judgment
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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