Macwatt Estates Limited v Mbwanji Limited [2001] KECA 17 (KLR)
- Court
- Court of Appeal
- Case number
- 17
- Citation
- [2001] KECA 17 (KLR)
- Decided
- 5 April 2001
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file Notice of Appeal and Record of Appeal out of timeCoramE. O. O'KUBASU
Holding
The application is dismissed with costs to the respondent due to inordinate delay and lack of acceptable explanation.
Facts
The appeal was struck out on July 25, 2000 due to incomplete appeal bundle and technical deficiencies. The applicant filed the application for extension of time on August 23, 2000.
Issues
- Whether the delay in filing the Notice of Appeal and Record of Appeal is inordinate.
- Whether the applicant has an arguable appeal and the interest of justice and fair play warrant granting the extension of time.
Reasoning
The court found the delay to be inordinate and without a satisfactory explanation, thus dismissing the application.
Outcome
Application dismissed
Orders
- Application dismissed 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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