Elphas Mwiti v Kenya Power and Lighting Company & another [2020] KECA 412 (KLR)
- Court
- Court of Appeal
- Case number
- 412
- Citation
- [2020] KECA 412 (KLR)
- Decided
- 7 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to file the record of appeal out of timeCoramJ. MOHAMMED, J.A (IN CHAMBERS)
Holding
The application is dismissed with no order as to costs.
Facts
The applicant, Elphas Mwiti, sought leave to file an appeal out of time against a judgment of the High Court of Kenya at Nyeri, delivered on 20th April, 2016. The applicant claimed financial constraints and lack of representation as reasons for the delay.
Issues
- Whether the applicant was entitled to file the appeal out of time
- Whether the delay was inordinate
Reasoning
The court found the delay to be inordinate and the applicant failed to demonstrate the likelihood of the appeal succeeding.
Outcome
Application dismissed
Orders
- Application dated 13th December, 2018 dismissed with no order as to costs
Authorities cited
Cases cited (1)
- Athuman Nusura Juma v Afwa Mohamed Ramadhan, CA No. 227 of 2015
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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