Bokeye Wanda Samson v Elias Chacha Mukami [2021] KEHC 5805 (KLR)
- Court
- High Court of Kenya
- Case number
- 5805
- Citation
- [2021] KEHC 5805 (KLR)
- Decided
- 29 June 2021
The court grants the applicant's request to extend time to file an appeal out of time, and orders the court to provide certified copies of the proceedings and ruling within 10 days, with the applicant to file and serve the appeal within 14 days of receiving the documents.
Facts
Appellant sought an order to extend time to comply with court orders dated 28/5/2020 due to a reserved ruling not being delivered on the scheduled date. The ruling was delivered electronically on 28/5/2020, but the applicant's counsel was not served with the ruling or notice of its delivery.
Issues
- Whether the applicant's counsel was served with the ruling or notice of its delivery
- Whether the applicant's counsel was aware of the ruling
- Whether the applicant's counsel was diligent in following up on the matter
Reasoning
The court finds that the applicant's counsel was not served with the ruling or notice of its delivery, and that the applicant was not diligent in following up on the matter. The court exercises its discretion to extend time due to the special circumstances of the case.
Outcome
The court grants the application to extend time to file an appeal out of time.
Orders
- Leave granted to file appeal out of time
- Certified copies of proceedings and ruling to be provided within 10 days
- Applicant to file and serve appeal within 14 days of receiving documents
- Costs to abide the appeal
Authorities cited
Cases cited (2)
- Alibhai Musajee v Sharif Mohamed Al-bet (Civil Appeal No. 283 of 1998)
- Itute Ngui & Another v Isumail Mwakavi Mwendwa (NRB Civil Appeal No. 166 of 1997)
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