Morris Ndenwa v Gilbert Nzuki & 2 others [2021] KEHC 13470 (KLR)
- Court
- High Court of Kenya
- Case number
- 13470
- Citation
- [2021] KEHC 13470 (KLR)
- Decided
- 4 November 2021
The application is granted on condition that the decretal sum is deposited in a joint interest earning bank account of the counsels on record for the parties or in court within 30 days from the date hereof, and the appeal is to be filed and served within 14 days from the date hereof.
Facts
The applicant wishes to appeal a judgment from CMCC No. 5692 of 2015 rendered on 7th December, 2020, but has run out of time due to difficulties in obtaining a copy of the judgment and the outbreak of the COVID-19 pandemic.
Issues
- Whether the applicant should be granted an extension of time to appeal
- Whether the applicant's delay in filing the appeal is reasonable and justified
Reasoning
The court considers the principles for extension of time as set out by the Supreme Court of Kenya, and finds that the delay is inordinate but has been explained. The court is inclined to give the appeal a chance on merits.
Outcome
The application is granted.
Orders
- Deposit the decretal sum in a joint interest earning bank account of the counsels on record for the parties or in court within 30 days from the date hereof
- File and serve the appeal within 14 days from the date hereof
Authorities cited
Cases cited (1)
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
Loading judgment…