RMG v NG [2021] KEHC 587 (KLR)
- Court
- High Court of Kenya
- Case number
- 587
- Citation
- [2021] KEHC 587 (KLR)
- Decided
- 27 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for extension of time to file responseCoramS. N. MUTUKU
Holding
The court allows the application for extension of time to file the response, granting prayers (1) and (2) as prayed, and orders each party to bear their own costs.
Facts
The Applicant, RMG, was served with an Originating Summons on or about June or July 2019, which related to decrees nullifying his marriage to the Respondent, NG. RMG forgot about the present proceedings and misplaced the original pleadings in his archives.
Issues
- Whether the Applicant has shown a bona fide intention to defend the suit
- Whether the delay in filing the response was inordinate
Reasoning
The court considers the Applicant's explanation of forgetfulness and honest mistake, and grants the extension in the interest of justice.
Outcome
The court grants the application for extension of time to file the response.
Orders
- Allow the application for extension of time to file the response
- Grant prayers (1) and (2) as prayed
- Order each party to bear their own costs
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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