Edwin Muchugia v May Ayallo [2018] KEHC 10096 (KLR)
- Court
- High Court of Kenya
- Case number
- 10096
- Citation
- [2018] KEHC 10096 (KLR)
- Decided
- 20 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks leave to file an appeal out of timeCoramB. Thurana Jaden
Holding
The application is allowed on condition that the decretal sum is deposited within 30 days and the appeal is filed within 7 days
Facts
The judgment was delivered in the absence of the Applicant, who claims he was unaware of the judgment date.
Issues
- Whether the appeal is out of time
- Whether the delay in filing the appeal is justified
Reasoning
The court grants the application due to the Applicant's explanation for the delay and the lack of inordinate delay.
Outcome
The application is granted
Orders
- The decretal sum is to be deposited in an interest-earning bank account of the parties' counsel or in court within 30 days
- The appeal is to be filed within 7 days from the date of this ruling
Remedies
- Deposit of the decretal sum within 30 days
- Filing of the appeal within 7 days
Authorities cited
Legislation (3)
- Civil Procedure Act
- Interpretation and General Provisions Act
- Civil Procedure Rules
Cases cited (1)
- Aviation Cargo Limited v St. Mark Freight Services Limited [2014] eKLR
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.
Loading judgment…