SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Maureen Agutu v Paul Mboya [2019] KEHC 5261 (KLR)

[2019] KEHC 5261 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
5261
Citation
[2019] KEHC 5261 (KLR)
Decided
31 July 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks to extend the time for lodging an appeal and for costs.CoramT. W. CHERERE
Holding

The court grants the application to extend the time for lodging an appeal and to provide costs.

Facts

The applicant filed a notice of motion seeking to extend the time for lodging an appeal due to delay in filing the appeal. The respondent did not file a response, and the court found that the application was not properly served on the respondent.

Issues

  1. Delay in filing an appeal
  2. Proper service of the application on the respondent

Reasoning

The court finds that the delay in filing the appeal was due to the court's failure to supply certified copies of the proceedings and the judgment, and that the applicant's delay was purely inadvertent and excusable.

Outcome

Appeal granted

Orders

  • To extend the time for lodging an appeal
  • To provide costs

Authorities cited

Legislation (2)
  • Civil Procedure Act Cap 21 Laws of Kenya
  • Article 159 of the Constitution
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case