Joseph Mutio Kinyambu v Philomena Kanai Mulu [2019] KECA 649 (KLR)
- Court
- Court of Appeal
- Case number
- 649
- Citation
- [2019] KECA 649 (KLR)
- Decided
- 5 April 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file Record of Appeal out of timeCoramM.K. KOOME
Holding
The application is dismissed with costs to the respondent
Facts
The applicant filed an appeal against a judgment and decree from the High Court of Kenya at Machakos, but did not file the record of appeal within the prescribed time. The applicant claims he was represented by P.M. Mutuku & Co. Advocates when the judgment was delivered, and that he was assured the appeal was filed. However, he claims he was not shown the record of appeal until August 2012, and that he did not file the record of appeal until 2016.
Issues
- Whether the applicant's application for leave to file the record of appeal out of time should be granted
- Whether the applicant's delay in filing the record of appeal is justified and does not cause prejudice to the respondent
Reasoning
The court found no merit in the application due to the applicant's delay in filing the record of appeal, which the court deemed to be unexplained and prejudicial to the respondent.
Outcome
Application 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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