John Ngari & 3 others v Ndathi Mbiti [2014] KECA 668 (KLR)
- Court
- Court of Appeal
- Case number
- 668
- Citation
- [2014] KECA 668 (KLR)
- Decided
- 31 March 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to extend time to file record of appealCoramALNASHIR VISRAM
Holding
The application is disallowed as the delay is inordinate and the explanation provided is lame, unreasonable, and unacceptable.
Facts
The notice of appeal was filed on time, but the record of appeal was not filed within sixty days. The applicant claims the copies of the proceedings were delivered to his counsel on 10th September, 2013.
Issues
- Whether the application to extend time to file the record of appeal should be granted
- Whether the delay in filing the record of appeal is inordinate
Reasoning
The court exercised its discretion under Rule 4 of the Court of Appeal Rules, considering the length of the delay, the reason for the delay, and the degree of prejudice to the respondent. The court found the explanation for the delay to be unsatisfactory.
Outcome
The application is disallowed.
Orders
- No orders as to costs as the respondent's counsel did not appear before the court.
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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