KURIA THARAO & ANOTHER V JAMES KINYANJUI MWAHI & 3 OTHERS [2012] KEHC 3465 (KLR)
- Court
- High Court of Kenya
- Case number
- 3465
- Citation
- [2012] KEHC 3465 (KLR)
- Decided
- 5 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trialCoramR. OUGO
Holding
The court grants the application for an extension of time and revives the suit, allowing the applicants to file an amended pleading within 21 days.
Facts
The applicants filed a Notice of Motion seeking an extension of time to file a substitute pleading due to a delay in the original filing.
Issues
- Whether the applicants' motion for an extension of time is valid and should be granted.
- Whether the suit should be revived and the amended pleading filed within a specified timeframe.
Reasoning
The court finds that the applicants have moved to Court properly to seek an extension and that the delay has been sufficiently explained.
Outcome
The application is granted, and the suit is revived.
Orders
- Grant leave to extend time to the applicants to substitute after an expiry of a year.
- Revive the suit and allow the amended pleading to be filed within 21 days.
- Allow the respondents to file amended defences if needed within 15 days from the date of service.
Remedies
- Extension of time to file a substitute pleading.
- Revival of the suit.
- Allowance for the filing of amended pleadings and defences.
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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