Josephine Wairimu Githinji v Lucy Wanjiru Murimi [2013] KECA 215 (KLR)
- Court
- Court of Appeal
- Case number
- 215
- Citation
- [2013] KECA 215 (KLR)
- Decided
- 10 October 2013
The court dismissed the applicant's application for extension of time to file an appeal out of time, finding that the delay of over 9 years was inordinate and not satisfactorily explained.
Facts
The applicant, Josephine Wairimu Githinji, sought an extension of time to file and serve the record of appeal against the ruling of Khamoni, J. on 30th July, 2004, dismissing her Chamber Summons dated 6th April, 2004, with costs. The applicant was seeking for two principal orders: a stay of execution of the orders by the Principal Magistrate pending the hearing and final determination of an appeal, and maintenance of the status quo as at 30th September, 2003, pending the hearing and determination of the appeal.
Issues
- Whether the applicant's application for extension of time to file an appeal is merited
- Whether the applicant's delay in filing the appeal is inordinate and without a satisfactory explanation
Reasoning
The court found that the applicant's delay in filing the appeal was inordinate and not satisfactorily explained. The court also noted that the applicant had a duty to visit the court registry to enquire whether an appeal was filed.
Outcome
Denied
Orders
- The application for extension of time to file an appeal out of time was denied
Authorities cited
Cases cited (3)
- Wasike v Swala 1984 KLR 591
- Mutiso v Mwangi Civil Application No. Nai. 255 of 1997 (UR)
- Mwangi v Kenya Airways Ltd. [2003] KLR 486
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