Embu Gaturi Housing Co-op Society v Njenga & 2 others (Civil Appeal (Application) 119 of 2018) [2021] KECA 2 (KLR) (23 September 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 2
- Citation
- [2021] KECA 2 (KLR)
- Decided
- 23 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to file appeal out of timeCoramAK MURGOR
Holding
The appeal is dismissed and the application is denied.
Facts
Embu Gaturi Housing Co-op Society filed an appeal from a judgment of the High Court at Embu, but the appeal was not filed within the prescribed time. The respondents argued that the appeal was filed out of time and that the delay was unreasonable.
Issues
- Whether the appeal was filed within the prescribed time
- Whether the delay in filing the appeal was reasonable
Reasoning
The court found that the appeal was filed 383 days after the Notice of Appeal was filed, which exceeded the 60-day period prescribed by the rules. The applicant did not provide any explanation for the delay.
Outcome
The appeal is dismissed and the application is denied.
Orders
- The application to file the appeal out of time is dismissed.
- The record of appeal is not deemed to be filed and served within time.
Remedies
- Costs to the respondents.
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.
Loading judgment…