George Kiptabut Lelei & another v Fanikiwa Limited [2019] KECA 239 (KLR)
- Court
- Court of Appeal
- Case number
- 239
- Citation
- [2019] KECA 239 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to extend time to file record of appealCoramOTIENO-ODEK, JA (IN CHAMBERS)
Holding
The Court denied the application for extension of time.
Facts
The applicants filed a Notice of Appeal against a ruling on 6th December 2018, but failed to file the record of appeal within the stipulated time. They requested certified copies of the proceedings and explained their delay due to medical reasons.
Issues
- Whether the applicants have offered sufficient explanation for the delay in filing the record of appeal
- Whether the applicants have a meritorious appeal
Reasoning
The Court found the delay of seven months to be inordinate and not sufficiently explained. The Court also noted that the medical documents were prepared prior to the delivery of the impugned ruling.
Outcome
Denied
Authorities cited
Cases cited (4)
- Abdul Aziz Ngoma -v- Mungai Mathayo [1976] Kenya LR 61
- Charo -v- Mwashetani & 3 Others (2014) KLR-SCK
- Nicholas Kiptoo Arap Korir Salat -v- The Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR
- Bernard Kibor Kitur -v- Alfred Kiptoo Keter & another [2018] eKLR
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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