F K (Minor suing through his mother and next friend NMK) v Jones Mutua & 3 others [2018] KEHC 1400 (KLR)
- Court
- High Court of Kenya
- Case number
- 1400
- Citation
- [2018] KEHC 1400 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for extension of time to file an appealCoramD.K. KEMEI
Holding
The court allows the application for extension of time to file the appeal, but with conditions.
Facts
The applicant failed to file an appeal within the statutory period due to a delay caused by their legal representative. The delay was more than 31 days after the ruling was delivered.
Issues
- Whether the applicant is entitled to an extension of time to lodge his appeal
- Whether the delay in filing the appeal is excusable
Reasoning
The court found the delay to be inordinate and unsatisfactory, but the appeal is arguable and the applicant has met the burden of showing arguability.
Outcome
The application is allowed with conditions.
Orders
- The applicant is ordered to lodge his Memorandum of Appeal within seven (7) days from the date of this ruling
- The costs of the Application shall be awarded to the Respondents
Remedies
- Extension of time to file an appeal
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat v IEBC and 7 Others (2015) eKLR
- Mwangi v Kenya Airways Ltd (2003) KLR
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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