Mohamed Sheikh Farah v Athman Aboud Athman & 2 Others [2020] KEHC 7251 (KLR)
- Court
- High Court of Kenya
- Case number
- 7251
- Citation
- [2020] KEHC 7251 (KLR)
- Decided
- 11 March 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for extension of time to file an appealCoramKHADI
Holding
The court grants the application, finding that the applicant had good and sufficient cause for not filing the appeal in time and that the application is not incompetent.
Facts
The applicant seeks to appeal a judgment from a subordinate court, but was unable to file the appeal within the statutory time limit due to delays in obtaining certified copies of the judgment.
Issues
- Whether the applicant is entitled to an extension of time to file the appeal
- Whether the application is frivolous and an abuse of the process
Reasoning
The court considers the applicant's delay was due to circumstances beyond their control and that the appeal has arguable issues with high chances of success.
Outcome
The court grants the application for an extension of time to file the appeal.
Orders
- The court grants the application for an extension of time to file the appeal
Authorities cited
Legislation (1)
- Civil Procedure Act Section 79G
Cases cited (2)
- Samuel Mwaura Muthumbi v Josephine Wanjiru Ngugi & another [2018] eKLR
- Mwangi v Kenya Airways Ltd [2003] KLR
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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