Simon Mburu Njabu v Veronica N. Ichungwa & another [2003] KECA 146 (KLR)
- Court
- Court of Appeal
- Case number
- 146
- Citation
- [2003] KECA 146 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve record of appealCoramBOSIRE, J.A (IN CHAMBERS)
Holding
The court declines to exercise its discretion and dismisses the applicant's motion with costs.
Facts
The applicant, Simon Mburu Njabu, sought an extension of time to file and serve a record of appeal due to delays in obtaining certified copies of proceedings and paying court fees.
Issues
- Whether the applicant's delay in filing the record of appeal was excusable
- Whether the court should exercise its discretion to extend the time limit
Reasoning
The court found the applicant's delay in filing the record of appeal was not excusable and not promptly brought. The court also noted the applicant's failure to explain the delay.
Outcome
Dismissal of the application with costs
Orders
- The applicant's motion for extension of time to file and serve a record of appeal is dismissed
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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