G D v R K [2017] KEHC 7833 (KLR)
- Court
- High Court of Kenya
- Case number
- 7833
- Citation
- [2017] KEHC 7833 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks leave to file an appeal out of timeCoramL NJUGUNA
Holding
The application is allowed
Facts
The judgment in Milimani Chief Magistrates Divorce Cause No. 215 of 2014 was delivered on 30th April, 2015. The Applicant claims she was unaware of the judgment due to her advocate's death, while the Respondent disputes this.
Issues
- Whether the Applicant had good and sufficient cause for not filing the appeal in time
- Whether the delay in filing the appeal was inordinate
Reasoning
The court finds the delay in filing the appeal inordinate but explained. The court exercises its discretion to allow the appeal.
Outcome
The application is allowed
Orders
- The application dated 22nd October, 2015 is hereby allowed
Remedies
- Award of costs in the event that the appeal shall not succeed
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Nicholas Kiptoo Arap Korir Salat v. IEBC & 7 Others, SC, Appl. 16 of 2014
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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