CLAYWORKS LTD v DAVID GITAHI NJUGUNA [2008] KEHC 1377 (KLR)
- Court
- High Court of Kenya
- Case number
- 1377
- Citation
- [2008] KEHC 1377 (KLR)
- Decided
- 9 October 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplicant seeks to extend time to file an appealCoramH. M. OKWENGU
Holding
The applicant's notice of motion is allowed, and the applicant is ordered to file and serve his memorandum of appeal within 15 days from the date of this order.
Facts
The judgment was delivered on 17th June, 2008 without notice to the applicant or his advocate. The applicant's advocate only learned about the judgment about a month later.
Issues
- Whether the applicant has timely filed the notice of motion for extension of time to file an appeal
- Whether the delay in filing the appeal is justifiable
Reasoning
The court considers the delay caused by lack of notice and allows the extension of time.
Outcome
The applicant's notice of motion is allowed.
Orders
- The applicant shall file and serve his memorandum of appeal within 15 days from the date of this order.
- Costs of this application shall be in the intended appeal.
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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