Cell Tours & Travel Limied v Charles Maina Muriithi & another [2021] KEHC 6658 (KLR)
- Court
- High Court of Kenya
- Case number
- 6658
- Citation
- [2021] KEHC 6658 (KLR)
- Decided
- 27 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a subordinate court to the High CourtCoramA. MBOGHOLI MSAGHA
Holding
The court grants leave to file the appeal out of time and the notice of appeal shall be deemed as duly filed upon payment of the requisite fees within 7 days of this ruling.
Facts
The plaintiff applied for leave to file an appeal out of time, which was opposed by the respondents. The application was filed seven days after the receipt of the proceedings.
Issues
- Whether the application to file an appeal out of time should be granted
- Whether the defendant will suffer prejudice if the application is allowed
Reasoning
The court finds that the delay in lodging the application is sufficiently explained and not unreasonable or inordinate. The court exercises its discretion to grant leave to file the appeal out of time.
Outcome
Appeal granted
Orders
- Leave to file the appeal out of time granted
- Notice of appeal deemed as duly filed upon payment of requisite fees within 7 days of this ruling
Remedies
- Costs to abide by the outcome of the appeal
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (3)
- Salkas Contractors Limited vs. Kenya Petroleum Refineries Limited (2004) e KLR
- Daphne Parry vs. Murray Alexander Carson (1963) EA 546
- First American Bank of Kenya Limited vs. Gilab P. Shah & 2 Others (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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