Joyce Mugure Maina & another v John Ngugi [2021] KEHC 1802 (KLR)
- Court
- High Court of Kenya
- Case number
- 1802
- Citation
- [2021] KEHC 1802 (KLR)
- Decided
- 22 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a subordinate court to the High CourtCoramS. Chitembwe
Holding
The court grants the application to extend the time for filing the appeal and allows the memorandum of appeal to be deemed properly on record.
Facts
The appellants filed a notice of motion for orders, including seeking to extend time for filing an appeal due to the delay in receiving a copy of the judgment and the change in legal representation.
Issues
- Whether the appellants had good and sufficient cause for not filing the appeal in time
- Whether the court should extend the time for filing the appeal
Reasoning
The court extended the time for filing the appeal due to the delay in receiving the judgment and the change in legal representation, finding that the delay was not inordinate and there was no indication that the applicant was made aware of the judgment before the 21st of May, 2021.
Outcome
The appeal is allowed to be filed and the memorandum of appeal is deemed properly on record.
Orders
- Time to file appeal is extended
- The Memorandum of Appeal filed herein is deemed to be properly on record
Remedies
- Costs of the application to the Respondent
Authorities cited
Legislation (2)
- Civil Procedure Act
- General Provisions Act
Cases cited (1)
- First American Bank of Kenya Ltd v Gulab P Shah & 2 Others Nairobi (Milimani) HCCC No. 2255 of 2000 [2002] 1 EA 65
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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