Nicholas Kariuki Ndung’u v Real People Kenya Ltd & another [2021] KEHC 8882 (KLR)
- Court
- High Court of Kenya
- Case number
- 8882
- Citation
- [2021] KEHC 8882 (KLR)
- Decided
- 26 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal Out of TimeCoramMumbua T. Matheka
Holding
The application is allowed in terms of prayer 1 and 2 on the face of the application.
Facts
The plaintiff/applicant filed an application in the Chief Magistrate's Court to set aside an interlocutory judgment. The judgment was delivered on July 15, 2020, and the plaintiff/applicant sought leave to appeal out of time.
Issues
- Whether the plaintiff/applicant has established sufficient reason to warrant the exercise of this court's discretion in his favor.
- Whether the plaintiff/applicant's delay in filing the appeal was excusable.
Reasoning
The court found that the plaintiff/applicant's delay was excusable due to the lack of notice of the new ruling date and the plaintiff/applicant's prompt action upon learning of the ruling.
Outcome
The application is allowed.
Orders
- Leave is granted to the applicant to file the appeal out of time against the whole ruling of Honourable B. Mararo, Principal Magistrate.
- The Memorandum of Appeal annexed hereto is deemed as duly filed and served upon the respondent within the prescribed time.
- The record of Appeal be filed and served within 30 days hereof.
- Costs in the cause.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 50 rule 6 of the Civil Procedure Rules
Cases cited (3)
- Habo Agencies Limited is Wilfred Odhiambo Musingo [2015] eKLR
- Rajesh Roghani vs Fifty Investment Limited & Another [2005] eKLR
- Banes Construction Co. Limited vs John Mzare Ogowe [2016] eKLR
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.
Loading judgment…