RONALD SHIUNDU WANJALA v NATHAN LUCHELI LUVONGA [2011] KEHC 3468 (KLR)
- Court
- High Court of Kenya
- Case number
- 3468
- Citation
- [2011] KEHC 3468 (KLR)
- Decided
- 17 March 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplicant seeks leave to file an appeal out of timeCoramISAAC LENAOLA
Holding
Leave to file the appeal is granted
Facts
The judgment in the subordinate court was delivered in the absence of the Applicant, who only learned of it on 8.9.2010. The judgment was actually delivered on 7.5.2010.
Issues
- Whether the delay in filing the appeal is plausible and inordinate
- Whether the Applicant should be punished for the mistake of his advocate
Reasoning
The delay is not inordinate and the reasons given for the delay are plausible. The Applicant hired an advocate who failed to communicate with him.
Outcome
Leave to appeal granted
Orders
- Appellant shall file the appeal within 14 days of the date of this ruling
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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