Njogu Macharia v Paul Wairuri Mwangi [2010] KECA 421 (KLR)
- Court
- Court of Appeal
- Case number
- 421
- Citation
- [2010] KECA 421 (KLR)
- Decided
- 12 February 2010
The Court dismissed the reference with costs to the respondent, finding that the appellant failed to provide a reasonable explanation for the delay and that the motion for extension of time was procedurally defective.
Facts
The appellant, Njogu Macharia, sought an extension of time to file and serve a record of appeal due to a procedural defect in the notice of motion, while the affidavit in support of the motion referred to an extension of time to file a notice of appeal.
Issues
- Procedural defects in the motion for extension of time
- Explanation for the delay in filing the record of appeal
Reasoning
The Court held that the motion for extension of time was not supported by an affidavit as required by Rule 43(1) and that the procedural defects made the motion incompetent. The Court also noted that the purpose of the new provisions in the Civil Procedure Act and the Appellate Jurisdiction Act is to ensure expeditious disposal of appeals, and that the appellant did not provide a reasonable explanation for the delay.
Outcome
Appeal dismissed
Orders
- Reference dismissed with costs to the respondent
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