Farhiya Ibrahim v Amina Geni Ismael & 2 others [2021] KEHC 12971 (KLR)
- Court
- High Court of Kenya
- Case number
- 12971
- Citation
- [2021] KEHC 12971 (KLR)
- Decided
- 31 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Kadhi's Court Succession CaseCoramM. THANDE
Holding
The Appellant's application for extension of time to file an appeal is dismissed as the delay in filing the appeal is inordinate and not justified.
Facts
The Appellant, Farhiya Ibrahim, sought to appeal a judgment of the Hon. Kadhi Hussein dated June 12, 2017, in a Kadhi's Court Succession Case No. 6 of 2016 involving Amina Geni Ismael and others. The Appellant claimed she was unable to appeal within the required timeframe due to illness and sought extensions of time.
Issues
- Whether the Appellant's application for extension of time to file an appeal is merited
- Whether the Appellant's delay in filing the appeal is inordinate and justified
Reasoning
The Court found the delay in filing the appeal to be over 6 months and the Appellant's explanation for the delay unsubstantiated. The Court exercised its discretion not to extend the time for filing the appeal.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act
- Law of Succession Act
- Probate and Administration Rules
Cases cited (2)
- Aviation Cargo Support Limited v St. Mark Freight Services Limited
- Samuel Mwaura Muthumbi v Josephine Wanjiru Ngugi & another
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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