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Henry Chepwony Langat v Elizabeth Akinyi Mutai [2021] KECA 1006 (KLR)

[2021] KECA 1006 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1006
Citation
[2021] KECA 1006 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve Notice of Appeal and Record of AppealCoramM. K. KOOME
Holding

The application is dismissed with no order as to costs.

Facts

The applicant filed a suit claiming a parcel of land known as KERICHO/GETWARWET/702. The respondent filed a preliminary objection claiming the issue was res judicata. The applicant's suit was dismissed as res judicata. The applicant seeks to appeal this ruling.

Issues

  1. Whether the applicant has given cogent reasons for the delay in filing the Notice of Appeal.
  2. Whether the appeal has reasonable chances of success.

Reasoning

The applicant did not provide a satisfactory explanation for the delay and the appeal does not have reasonable chances of success.

Outcome

Dismissed

Authorities cited

Cases cited (3)
  • Mwangi vs. Kenya Airways Ltd [2003] eKLR
  • Leo Sila Mutiso vs. Rose Hellen Wangari [unreported]
  • Fakir Mohamed vs. Joseph Mugambi & 2 Others Civil Appl. 332/04 (UR)
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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