Bernard Njiru v Stephen Mugambi [2017] KEHC 2387 (KLR)
- Court
- High Court of Kenya
- Case number
- 2387
- Citation
- [2017] KEHC 2387 (KLR)
- Decided
- 2 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous CivilPostureApplication for extension of time to file appealCoramJOEL NGUGI
Holding
The court grants the application for extension of time to file appeal, finding that the applicant has made a strong case for extension of time due to the errors of the applicant's counsel.
Facts
The applicant, Bernard Njiru, failed to file his appeal within thirty days of the judgment in Gatundu SRMCC No. 105 of 2015. He claims the delay was due to an excusable error by his legal team.
Issues
- Whether the applicant's application for extension of time to file appeal is merited
- Whether the appeal has a high probability of success
Reasoning
The court considers the factors of the period of delay, the reason for the delay, the arguability of the appeal, and the importance of compliance with time limits to the particular litigation. The court finds that the delay is not inordinate and the appeal is arguable.
Outcome
The court grants the application for extension of time to file appeal.
Orders
- To grant leave to file an appeal against the judgment in Gatundu SRMCC No. 105 of 2015
- To stay execution of the decree in Gatundu SRMCC No. 105 of 2015 pending the hearing and determination of the intended appeal
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (3)
- Mwangi v Kenya Airways
- Phillip Keipto Chemwolo & another V Augustine Kibende
- Banco Arabe Espanol V Bank of Uganda
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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