James Nyasimi Kiana v David Nankone Mboa [2016] KECA 39 (KLR)
- Court
- Court of Appeal
- Case number
- 39
- Citation
- [2016] KECA 39 (KLR)
- Decided
- 16 December 2016
The application for extension of time to file and serve a Notice of Appeal and Record of Appeal is dismissed with costs to the respondent.
Facts
The applicant, James Nyasimbi Kiana, applied for an extension of time to file and serve a Notice of Appeal and Record of Appeal due to delays in filing the appeal. The judgment was delivered on 31st October 2014, and the applicant's former counsel informed him of the decision in mid-May 2015. The applicant then instructed a new firm to file the appeal.
Issues
- Whether to grant the extension of time to file and serve a Notice of Appeal and Record of Appeal
- Whether the applicant's former counsel's failure to file the appeal should be visited upon the applicant
Reasoning
The court found that the applicant did not file an application to validate the existing notice of appeal, which has rendered the application incompetent. The court also noted that the grounds for appeal do not raise discernable complaints and are unlikely to succeed.
Outcome
Application dismissed
Orders
- The Notice of Motion dated 25th April 2014 is dismissed with costs to the respondent.
Authorities cited
Cases cited (2)
- Leo Sila Mutiso v. Rose Hellen Wangari Mwangi
- Ocean Freight Shipping Company Limited v. Oakdale Commodities Limited
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