Festus Mwarimu & 2 others v Genesia Ciarwigi Muchiri [2014] KEHC 4619 (KLR)
- Court
- High Court of Kenya
- Case number
- 4619
- Citation
- [2014] KEHC 4619 (KLR)
- Decided
- 4 June 2014
The application is allowed, and the applicants are granted 21 days from today to file and serve the Memorandum of Appeal upon the respondent.
Facts
Judgment in Succession Cause No.23 of 2003 was delivered on 19th November, 2009. Applicants applied for certified copies of proceedings and judgment on 23rd November, 2009. The proceedings were signed on 10th March, 2010 and certificate of delay was issued on 9th April, 2010. The application for leave to appeal out of time was filed on 27th April, 2010.
Issues
- Whether the applicants have satisfied the conditions for granting leave to appeal out of time.
- Whether the applicants are entitled to fair trial.
Reasoning
The court finds the delay not inordinate and accepts the explanation for the delay. The court grants the application to allow the applicants to appeal out of time, as it would not prejudice the respondent and would result in finalization of the dispute.
Outcome
The application is allowed.
Orders
- Application dated 27th April, 2010 is meritorious and is allowed.
- Applicants are granted 21 days from today to file and serve the Memorandum of Appeal upon the respondent.
Remedies
- Granting leave to appeal out of time.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Civil Procedure Rules
- Law of Succession Act
- Constitution of Kenya
Cases cited (1)
- KIHUNGI V KIHUNGI (1989) KLR 178 NYARANGI JA
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