WILSON NZIOKA MUTISO v JAMES MUHORO NDUNG’U & another [2009] KECA 235 (KLR)
- Court
- Court of Appeal
- Case number
- 235
- Citation
- [2009] KECA 235 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out appeal and award costsCoramE. M. GITHINJI, D. K. S. AGANYANYA, J. G. NYAMU
Holding
The appeal is struck out with costs awarded to the respondent.
Facts
The appellant filed an appeal on May 16, 2005, which was outside the prescribed time limit. The applicant argued that the appellant should have filed the appeal by September 6, 2004, and that the delay was inordinate.
Issues
- Appellant’s appeal filed outside the prescribed time limit
- Appellant’s delay in filing the appeal
Reasoning
The court found that the appellant’s appeal was filed outside the prescribed time limit and that the delay was inordinate. The court also noted that the appellant did not seek leave to file the appeal out of time.
Outcome
The appeal is struck out.
Orders
- The appeal is struck out
- Costs of the appeal and this application are awarded to the respondent
Remedies
- The amount of money awarded to the respondents is released to them if they have reached the age of majority
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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