Johnstone Chacha Murimi v Florence Chacha [2015] KEHC 1887 (KLR)
- Court
- High Court of Kenya
- Case number
- 1887
- Citation
- [2015] KEHC 1887 (KLR)
- Decided
- 1 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for leave to appeal out of timeCoramM.S.A Makhandia
Holding
The court grants the applicant leave to file and serve a Memorandum of Appeal within 7 days, the Record of Appeal within 60 days, and the appeal is listed for directions within 30 days.
Facts
The applicant sought leave to file an appeal out of time, supported by affidavits, while the respondent opposed the application.
Issues
- Whether the applicant's application for leave to appeal out of time is meritorious
- Whether the delay in filing the appeal was sufficiently explained
Reasoning
The court exercises its discretion to grant leave to appeal out of time, considering the length of the delay and the explanation provided.
Outcome
The applicant is granted leave to file and serve a Memorandum of Appeal, the Record of Appeal, and the appeal is listed for directions.
Orders
- Leave to file and serve a Memorandum of Appeal within 7 days
- File and serve the Record of Appeal within 60 days
- List the appeal for directions within 30 days
Remedies
- Leave to file and serve a Memorandum of Appeal
- Leave to file and serve the Record of Appeal
- List the appeal for directions
Authorities cited
Legislation (2)
- Civil Procedure Act, Chapter 21 of the Laws of Kenya
- Court of Appeal Rules
Cases cited (3)
- Mwangi Kimenyi Mugwe vs A.H. Kamau, Court of Appeal Civil Appeal No. NAI. 357 of 2003 at Nakuru (unreported)
- Benjamin G. Ndegwa vs C.N. Murungaru (2009) eKLR
- Samiyan Kaur Devinder Singh vs S
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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