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Mwamati Nzuli & another v Joseph Oluoch Onyango (Suing as personal representative and the administrator of the estate of Richard Osianga Marunga- Deceased) [2020] KEHC 7555 (KLR)

[2020] KEHC 7555 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7555
Citation
[2020] KEHC 7555 (KLR)
Decided
12 March 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants seek to enlarge time for the respondent to file a Notice of Appeal out of time and to bear the costs of the application.CoramKIARIE WAWERU KIARIE
Holding

The application is allowed on condition that the respondent files the Notice of Appeal within fifteen days of this ruling.

Facts

The respondent was aggrieved by the judgment delivered on 12th June 2019 and sought to file a Notice of Appeal out of time.

Issues

  1. Whether the respondent was aggrieved by the judgment delivered on 12th June 2019.
  2. Whether the delay to file the Notice of Appeal within the prescribed time was intentional.

Reasoning

The judge found that the delay was not intentional and granted the application.

Outcome

The application is allowed.

Orders

  • To enlarge time for the respondent to file a Notice of Appeal out of time.
  • To bear the costs of the application.
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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