MOHAMED DIDO v INYABWANA ABOUD MZAMIL [2009] KEHC 1489 (KLR)
- Court
- High Court of Kenya
- Case number
- 1489
- Citation
- [2009] KEHC 1489 (KLR)
- Decided
- 16 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to admit an appeal out of time due to the mental breakdown of his counselCoramH. A. Omondi
Holding
The court allows the appeal application due to the appellant's good and sufficient cause for the delay and the arguable nature of the appeal
Facts
The appellant Mohamed Dido instructed Kurura Omangi & Co. Advocates to lodge an appeal, but his counsel suffered a mental breakdown, preventing the appeal from being filed in time. The appellant then instructed Maranga & Associates to handle the matter.
Issues
- Reason for delay in filing appeal
- Applicability of Section 79G of the Civil Procedure Act
Reasoning
The court found that the delay was due to the mental breakdown of the appellant's counsel, which was not within the appellant's control. The court also noted that the appellant had an arguable appeal.
Outcome
Appeal allowed
Orders
- Appellant must prepare and file the record of appeal within 21 days from the date of the judgment
- Appellant bears the costs of the application
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Leo Sila Mutisaa v Rose Hellen Wangari Mwangi Civil Application No. 251 of 1997 (Nrb)
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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