Mombasa Bricks & Tiles Limited & 5 others v Arvind Shah & 6 others [2018] KEHC 5987 (KLR)
- Court
- High Court of Kenya
- Case number
- 5987
- Citation
- [2018] KEHC 5987 (KLR)
- Decided
- 20 April 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for extension of time to file Notice of AppealCoramApaloo JA
Holding
The court grants an extension of time to file the Notice of Appeal, finding the mistake to be an inadvertent one and not a deliberate one.
Facts
Two notices of appeal have been filed by both sides in the case. The applicants failed to file a Notice of Appeal out of time due to an inadvertent mistake by their counsel.
Issues
- Whether to grant an extension of time to the applicants
- Whether the applicants' counsel's mistake is an inadvertent one
Reasoning
The court considers the mistake to be an inadvertent one and not a deliberate one, and grants the extension to ensure the applicants are part of the proceedings.
Outcome
Extension of time granted
Orders
- Extension of time to file the Notice of Appeal
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat Vs Iebc & 7 Others (2014)eKLR
- Selle Vs Associated Motor Boat Company Ltd (1968) EA 123
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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