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Joyce Wamuhu & 2 others v Ruth Kalekye & another [2005] KECA 70 (KLR)

[2005] KECA 70 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
70
Citation
[2005] KECA 70 (KLR)
Decided
27 May 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve Notice of Appeal and Record of AppealCoramW. S. DEVERELL
Holding

The application for extensions of time is dismissed with costs.

Facts

The applicants sought extensions to file and serve the Notice of Appeal and Record of Appeal due to delays in receiving copies of the proceedings. The superior court had previously refused an application for leave to appeal out of time.

Issues

  1. Whether to grant extensions of time to file and serve the Notice of Appeal and Record of Appeal
  2. Whether the applicants' delay in filing the application was justified

Reasoning

The court found at least 7 months of delay without a satisfactory explanation, which was inordinate. The chances of success of the intended appeal were not strong enough to influence the decision.

Outcome

Dismissed with costs

Orders

  • Application for extensions of time 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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