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RAWSON MBUGUA MACHARIA v GEORGE KIOGORA KARONGA & 2 others [2007] KECA 47 (KLR)

[2007] KECA 47 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
47
Citation
[2007] KECA 47 (KLR)
Decided
4 May 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to file and serve records of appeal out of timeCoramP.K. TUNOI, E.O. O’KUBASU, P.N. WAKI
Holding

The application is dismissed with costs to the 1st and 3rd respondents.

Facts

The applicant RAWSON MBUGUA MACHARIA sought an order to further extend time within which to file and serve records of appeal in two separate intended appeals. The applicant did not file any appeals within the time granted by the court.

Issues

  1. Whether the applicant's delay in filing appeals was inordinate and not satisfactorily explained.
  2. Whether the learned single judge was justified in dismissing the application for extension of time.

Reasoning

The applicant's delay in filing appeals was found to be inordinate and not satisfactorily explained. The judge was disinclined to exercise his discretion in favor of extending the time as prayed and dismissed the application.

Outcome

Appeal dismissed

Orders

  • The application for extension of time to file and serve records of appeal is dismissed.
  • The costs are awarded to the 1st and 3rd respondents.
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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