County Government of Busia v Joel Kirwa Tanui t/a Rotalink Engineering Co Ltd [2020] KECA 69 (KLR)
- Court
- Court of Appeal
- Case number
- 69
- Citation
- [2020] KECA 69 (KLR)
- Decided
- 18 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file a Notice of AppealCoramP. O. KIAGE
Holding
The Court declines to grant the prayer for an extension of time and dismisses the application with costs.
Facts
The County Government of Busia failed to settle a decretal sum of Kshs. 1,739,990 plus costs and interest within 90 days as ordered by the High Court in Busia CMCC No. 76 of 2013. The respondent served a notice to show cause for the decretal sum now escalated to Kshs. 3,516,486.
Issues
- Whether the County Government of Busia is entitled to an extension of time to file a Notice of Appeal against the High Court's order.
- Whether the delay in settling the decretal sum was reasonable and satisfactorily explained.
Reasoning
The Court found the explanation for the delay to be unsatisfactory and inexcusable, rejecting the County Government's claim for an extension of time.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
Authorities cited
Cases cited (2)
- MURINGA COMPANY LTD V ARCHDIOCESE OF NAIROBI REGISTERED TRUSTEES, Civil Application No. 190 of 2019
- ANDREW KIPLAGAT CHEMARINGO V PAUL KIPKORIR KIBET [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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