Humphrey Olwisi Muranda & another v Sherry Wamukoya Wabuko [2021] KECA 691 (KLR)
- Court
- Court of Appeal
- Case number
- 691
- Citation
- [2021] KECA 691 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file a Notice of Appeal and an intended AppealCoramF. SICHALE, Koome, N.A. Matheka
Holding
The application is dismissed with costs to the respondent.
Facts
The applicants filed a Notice of Appeal against the judgment and decree of the Environment and Land Court at Kakamega on 5th October 2018, but did not file the Notice of Appeal within the prescribed time. The proceedings were ready for collection by 13th March 2019.
Issues
- Whether the applicants' application for extension of time to file a Notice of Appeal is meritorious.
- Whether the applicants' intended appeal has chances of success.
Reasoning
The court found that the applicants did not provide a reasonable explanation for the inordinate delay of seven months and that the applicants have not demonstrated an arguable case nor shown the prejudice likely to be suffered if no appeal is preferred.
Outcome
Dismissed
Orders
- Application dismissed with costs to the respondent.
Authorities cited
Cases cited (3)
- Karny Zaharya & Another vrs. Shalom Levi. C. Appl. No. 80 of 2018
- Athuman Nusura Juma vs. Afwa Mohamed Ramadhan, CA No. 227 of 2015
- Abdul Azizi Ngoma vrs. Mungai Mathayo [1976] Kenya LR 61, 62
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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