Julius Narankaik Ologollimot v Peter Njuguna Njonge [2020] KECA 386 (KLR)
- Court
- Court of Appeal
- Case number
- 386
- Citation
- [2020] KECA 386 (KLR)
- Decided
- 7 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file, lodge and serve a notice of appealCoramKANTAI, JA (IN CHAMBERS)
Holding
The Motion is dismissed. The applicant is not entitled to the exercise of discretion in his favour.
Facts
There was a suit between the applicant and the respondent, which was determined in favour of the applicant. The respondent filed an appeal, which was allowed. The respondent then filed a suit claiming adverse possession, which was compromised by a consent. The applicant filed an application challenging the consent, which was dismissed.
Issues
- Whether there is inordinate delay in taking a necessary step in the intended appeal.
- Whether the intended appeal has any chance of success.
- Whether the respondent will be prejudiced if the Motion is allowed.
Reasoning
The delay in filing the notice of appeal was not explained reasonably. The intended appeal has no chance of success and the respondent will be prejudiced if the Motion is allowed.
Outcome
The Motion is dismissed.
Orders
- The Motion is dismissed.
Authorities cited
Cases cited (2)
- Flora N. Wasike v Destino Wamboko [1988] eKLR
- Leo Sila Mutiso v Rose Wangari Mwangi [1999] 2 E.A. 233
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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