Julius Emitati Omusula v John Omamo Ndunde [2021] KECA 537 (KLR)
- Court
- Court of Appeal
- Case number
- 537
- Citation
- [2021] KECA 537 (KLR)
- Decided
- 4 June 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve notice of appeal and record of appealCoramKANTAI, JA (IN CHAMBERS)
Holding
The Motion has no merit and is dismissed with no order on costs.
Facts
The applicant filed an application for review which application was presumably dismissed on 18th December, 2020. The applicant filed a notice of appeal on 13th March, 2020, but the notice of appeal was lodged out of time. The applicant applied for proceedings on 19th May, 2020, which were not supplied until 23rd October, 2020.
Issues
- Whether the applicant's application for extension of time to file and serve notice of appeal and record of appeal should be granted.
- Whether the applicant has an arguable appeal.
Reasoning
The applicant did not participate in the proceedings at the Environment and Land Court and the application for review was dismissed. The applicant's appeal has no chance of success.
Outcome
Dismissed
Authorities cited
Cases cited (5)
- Fakir Mohamed v Joseph Mugambi & 2 Others Civil Application No. 332 of 2004 (ur)
- Mutiso v Mwangi, Civil Application No. NAI. 255 of 1997 (ur)
- Mwangi v Kenya Airways Limited [2003] KLR 496
- Major Joseph Mwereri Igweta v Murika Methare & Attorney General Civil Application No. NAI 8 of 2000 (ur)
- Murai v Wainaina (No. 4) 1982 KLR 38
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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