Peter Luka Ndutu v Daniel Wambua Ndavi [2008] KECA 287 (KLR)
- Court
- Court of Appeal
- Case number
- 287
- Citation
- [2008] KECA 287 (KLR)
- Decided
- 17 April 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve a notice of appeal and lodge an appeal out of timeCoramP.K. TUNOI
Holding
The application is dismissed with costs due to the applicant's persistent and unexplained delays.
Facts
The applicant, Peter Luka Ndutu, failed to file a notice of appeal within the prescribed time and instead engaged in a circuitous route. His counsel, Mr. Musyoki, failed to lodge the necessary documents and passed the brief to a different counsel without the applicant's knowledge. The new advocate filed an application seeking similar orders but withdrew it after 17 months.
Issues
- Whether the applicant should be granted leave to file and serve a notice of appeal and a record of appeal out of time.
- Whether the applicant's delay in filing the appeal was due to his counsel's failure or his own negligence.
Reasoning
The court found that the applicant was aware of his counsel's reluctance to appeal and that he was also to blame for not keeping in touch with his advocates. The delay was inordinate and unexplained.
Outcome
Application dismissed
Orders
- Application dismissed with costs
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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