Hilda Kaari Mwendwa v Zakayo M. Magara & 2 others [2016] KECA 770 (KLR)
- Court
- Court of Appeal
- Case number
- 770
- Citation
- [2016] KECA 770 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file Notice of Appeal and for copies of proceedings and JudgmentCoramKLR Onyango Otieno, KOOME, Maureen Onyango, Nduma Nderi, Wasilwa
Holding
The application is dismissed with costs to the respondents.
Facts
Hilda Kaari Mwendwa was employed by Agricultural Finance Corporation and transferred to Muranga Branch offices. She appealed the transfer but was unsuccessful. She then stayed away from duty for 10 days and her services were terminated.
Issues
- Whether the applicant's intended appeal is arguable and with good prospects of success.
- Whether the applicant has a credible and reasonable explanation for the delay in filing the Notice of Appeal.
- Whether the court has discretion to extend time for filing the Notice of Appeal.
- Whether the applicants were never served with the Notice of delivery of the Judgment.
Reasoning
The applicant did not offer a credible explanation for the delay and the intended appeal is not arguable.
Outcome
Appeal dismissed
Authorities cited
Cases cited (3)
- Rael Munyaka & 6 Others v Waitaluk Land Disputes Tribunal & 3 others {2007} eKLR
- Geoffrey Makana Asanyo v National Bank of Kenya Ltd. Civil Application No. NAI. 132/99 (UR)
- AFRICAN AIRLINE INTERNATIONAL LTD. V EASTERN SOUTHERN AFRICA TRADE & DEVELOPMENT BANK (PTA BANK) 2003 KLR 140
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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