Customer Support

MAS
V.
FMS

(2023) JELR 113584 (CA)

Court of Appeal 20 Jan 2023 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CIVIL APPLICATION E088 OF 2021
Judges:J. LESIIT, JA
Location:Mombasa

Ruling

  1. The applicant, Mohamed Ali Salim, by a Notice of Motion dated November 19, 2021, brought under Rule 4 and 5 (2) (b); 20; and 47 (now 49 under 2022 Rules) of the Court of Appeal 2010, seeks several orders. The only order that I can consider as a single judge is No. 4 which prays for:

    That for extension of time within which to file a notice of appeal from the judgment and decree of the High Court Family Division at Mombasa Matrimonial Cause No. 9 of 2019 given on February 23, 2021.

  2. The grounds on which the application for extension of time is premised are on the face of the application and are:

    a. That after the suit before the High Court was heard and determined judgment thereon was to be given on a date to be notified to parties.

    b. That the notice of delivery of judgment was sent through email to all advocates in the matter on February 10, 2021.

    c. That the said email was never brought to the attention of the applicant’s advocate and by reason thereof, the applicant’s advocate was n…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.