Cecilia Wanjiku Wathithi v Ndurumo Elizabeth & another [2021] KEHC 579 (KLR)
- Court
- High Court of Kenya
- Case number
- 579
- Citation
- [2021] KEHC 579 (KLR)
- Decided
- 30 November 2021
The court grants an extension of time to the applicant to file the intended appeal and prepares a Record of Appeal within 60 days from the date of this ruling.
Facts
The applicant, Cecilia Wanjiku Wathithi, sought leave to file an appeal against a judgment awarded by Hon. Edwin Mulochi, Resident Magistrate in Kajiado CMCC No. 406 of 2016. The judgment awarded Kshs 500,000 for general damages and Kshs 766,100 for special damages.
Issues
- Whether the applicant has an arguable appeal with high chances of success
- Whether the court should grant an extension of time for the applicant to file the appeal
Reasoning
The court considered the reasons for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent. The court found that the applicant has met the threshold for extending time and granted the application.
Outcome
The court grants an extension of time to the applicant to file the intended appeal.
Orders
- Prepare a Record of Appeal and file the same within 60 days from the date of this ruling
- File written submissions contemporaneously with filing of Record of Appeal
Remedies
- Extension of time to file the intended appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Thuita Mwangi v. Kenya Airways Ltd
Cases cited (1)
- Thuita Mwangi v. Kenya Airways Ltd [2003] eKLR
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