Joseph Kinyua & 2 others v Robert Kimathi Mati [2020] KECA 426 (KLR)
- Court
- Court of Appeal
- Case number
- 426
- Citation
- [2020] KECA 426 (KLR)
- Decided
- 7 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve the record of appealCoramSICHALE, JA IN CHAMBERS
Holding
The motion is dismissed with costs
Facts
The applicants, Joseph Kinyua, Pascuale Gitonga, and Joshua Kalunge, filed a motion for extension of time to file and serve the record of appeal against the High Court ruling dated 11th October, 2017. They claimed that their counsel was unreachable due to business trips to areas with poor internet connectivity.
Issues
- Whether the applicants' delay in filing the appeal was justified
- Whether the court should grant an extension of time for filing the appeal
Reasoning
The court found that the applicants did not provide a reasonable explanation for the delay and that the reasons given were not substantiated.
Outcome
Dismissed
Orders
- Motion dismissed with costs
Authorities cited
Legislation (1)
- Rule 4 of the Court's Rules
Cases cited (2)
- Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi (1999) 2EA 331
- Fakir Mohammed vs. Joseph Mugambi & 2 others (2005) 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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