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Edward Kimiti Kahiu v Henry Njoroge Kamau [2018] KECA 30 (KLR)

[2018] KECA 30 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
30
Citation
[2018] KECA 30 (KLR)
Decided
20 December 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to file appeal out of timeCoramS. GATEMBU KAIRU, FCIArb
Holding

The Court of Appeal dismissed the application to file the appeal out of time.

Facts

The applicant, Edward Kimiti Kahiu, intends to appeal a judgment from the Environment and Land Court dated 21st November 2014, which decreed that the respondent, Henry Njoroge Kamau, has acquired title to one acre of the applicant's property by adverse possession.

Issues

  1. Whether the applicant is entitled to file an appeal out of time
  2. Whether the applicant's draft memorandum of appeal was duly noticed within the prescribed time

Reasoning

The Court found that the applicant did not file the appeal within the prescribed time and that the delay was not justified.

Outcome

Application dismissed

Orders

  • The application to file the appeal out of time is dismissed
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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