Obiero Bogonko Paul v Muthua George & another [2019] KEHC 7221 (KLR)
- Court
- High Court of Kenya
- Case number
- 7221
- Citation
- [2019] KEHC 7221 (KLR)
- Decided
- 24 May 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to file an appeal out of timeCoramC. W. GITHUA
Holding
The application is allowed, and the applicant is granted leave to file his intended appeal within the next fourteen days.
Facts
The applicant filed a suit against the respondents, which was dismissed by the trial court. The applicant seeks to appeal this decision out of time due to a delay in receiving a certified copy of the impugned ruling.
Issues
- Whether the applicant's appeal should be allowed out of time
- Whether the delay in filing the appeal was due to the trial court's delay in providing a certified copy of the ruling
Reasoning
The court found that the delay in filing the appeal was not inordinate and satisfactorily explained, and that the applicant's appeal has high chances of success.
Outcome
The application is allowed.
Orders
- The applicant is granted leave to file his intended appeal within the next fourteen days
Authorities cited
Legislation (1)
- Civil Procedure Act
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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