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Boniface Atsiavala Chahare v Paul Mungai Njoroge & another [2018] KEHC 9507 (KLR)

[2018] KEHC 9507 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
9507
Citation
[2018] KEHC 9507 (KLR)
Decided
28 September 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to appeal out of timeCoramJ.K. SERGON
Holding

The court grants leave to appeal out of time

Facts

The Applicant sought leave to appeal out of time against a ruling dismissing his suit, claiming the court file was missing and he had no knowledge of the ruling.

Issues

  1. Whether to grant leave to appeal out of time
  2. Whether the Applicant has clean hands

Reasoning

The court found the Applicant's explanation for the delay was credible and sufficient reasons were provided.

Outcome

Leave granted to appeal out of time

Orders

  • The Applicant is given leave of 10 days to file an appeal out of time

Remedies

  • Costs of the motion shall abide the outcome of the intended appeal
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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