Solomon Juma Ambunya v Jimmy Habil Mkimbo [2015] KECA 26 (KLR)
- Court
- Court of Appeal
- Case number
- 26
- Citation
- [2015] KECA 26 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file an appeal out of timeCoramF. AZANGALALA
Holding
The application is dismissed with costs.
Facts
Solomon Juma Ambunya filed an Originating Summons in the High Court at Kakamega against Jimmy Habil Mkimbo. The High Court dismissed the suit on 29th June, 2010. Ambunya filed a notice of appeal on 29th July, 2010.
Issues
- Whether to grant leave to file an appeal out of time
- Whether to deem the draft Memorandum of Appeal as duly filed
Reasoning
The Court found that Ambunya did not adequately explain the delay in pursuing the appeal and that his explanation was not credible. The Court found the delay to be over three years.
Outcome
Application dismissed
Orders
- Notice of Motion dated 11th February, 2015 is ordered 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.
Loading judgment…