Cecilia Kiajia Mbat & another v Evangeline Tirindi Josphat & another [2018] KEHC 8224 (KLR)
- Court
- High Court of Kenya
- Case number
- 8224
- Citation
- [2018] KEHC 8224 (KLR)
- Decided
- 19 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for leave to appeal out of timeCoramF. Gikonyo, Musyoka
Holding
The court grants the applicants leave to file notice of appeal in 30 days of the judgment.
Facts
The applicants seek leave to file notice of appeal out of time in a succession cause. The respondent argues that the court lacks jurisdiction to extend time for filing an appeal.
Issues
- Whether the court has the power to extend time for filing notice of appeal out of time.
- Whether the applicants have the right to file an appeal in succession matters without leave of the court.
Reasoning
The court grants leave to appeal as it has the power to extend time for filing notice of appeal under section 7 of the Appellate Jurisdiction Act. The court also considers the need for serious judicial consideration by the Court of Appeal.
Outcome
Leave to appeal granted
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Law of Succession Act
Cases cited (2)
- KAA & ANO vs. TIMONTHY NDUI CA
- Estate of Stone Kathuli Muinde (Deceased)
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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