DAVID KONGO v NJOROGE NJUGUNA [1994] KECA 64 (KLR)
- Court
- Court of Appeal
- Case number
- 64
- Citation
- [1994] KECA 64 (KLR)
- Decided
- 16 September 1994
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file appealCoramR. S. C. OMOLO
Holding
The application is incompetent due to non-compliance with the court's order and the applicant's failure to file the application within the allowed time.
Facts
The applicant filed an appeal against a judgment in 1985, which was struck out due to non-compliance with court rules. The applicant then filed a fresh application for extension of time in 1994.
Issues
- Whether the applicant's application for extension of time is competent
- Whether the applicant's grounds of appeal are substantial
Reasoning
The court found the application incompetent because it did not comply with the court's order and the applicant did not provide evidence of the court's letters requesting documents.
Outcome
The application is struck out with costs to the respondent.
Orders
- Application for extension of time to file appeal is struck out with costs to the respondent
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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