Fredrick Odongo Otsieno v Al-Husnanin Motors Limited [2020] KEHC 2830 (KLR)
- Court
- High Court of Kenya
- Case number
- 2830
- Citation
- [2020] KEHC 2830 (KLR)
- Decided
- 20 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of Hon. G. Adhiambo, Senior Resident MagistrateCoramR.E. ABURILI
Holding
The court grants the appellant leave to file and serve a supplementary record of appeal comprising a Memorandum of appeal.
Facts
The appellant filed a notice of motion on 2/12/2018, which was filed on 3/12/2019. The respondent filed a receipt dated 12/11/2019 and a supplementary record of appeal.
Issues
- Whether the memorandum of appeal was properly annexed in the supplementary record of appeal.
- Whether the appellant was granted leave to file and serve a supplementary record of appeal.
Reasoning
The court considered the Notice of Motion, grounds, and annextures, and found that the memorandum of appeal was not properly annexed in the supplementary record of appeal. However, the court exercised discretion and granted leave to file and serve a supplementary record of appeal.
Outcome
The appeal is allowed.
Orders
- The appellant is granted leave to file and serve a supplementary record of appeal comprising a Memorandum of appeal.
- The appellant is to file and serve the supplementary record of appeal within 10 days of the date of the judgment.
- The Deputy Registrar is to notify the appellant's counsel.
- The appellant is to serve the respondent's counsel with a notice for directions on 11/2/2020.
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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