Bundi Baruthi v County Government of Kiambu (Formerly Municipal Counsil of Thika) & 7 others [2021] KECA 988 (KLR)
- Court
- Court of Appeal
- Case number
- 988
- Citation
- [2021] KECA 988 (KLR)
- Decided
- 15 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file the memorandum and record of appeal out of timeCoramM. WARSAME
Holding
The application is dismissed with no orders as to costs.
Facts
The applicant filed a suit for non-attendance in 2017, which was dismissed. The applicant then sought to reinstate the suit, but the trial court dismissed the application. The applicant filed an appeal but did not file his memorandum and record of appeal within the time limit.
Issues
- Whether the applicant's delay in filing his memorandum and record of appeal is sufficient to warrant an extension of time.
- Whether the applicant's reasons for the delay are valid and sufficient to grant the extension of time.
Reasoning
The court found that the applicant's reasons for the delay were not valid and satisfactory, and that he did not make any effort to pursue the appeal during the time he was undergoing treatment.
Outcome
Dismissed with no orders as to costs
Authorities cited
Cases cited (6)
- Nicholas Kiptoo Arap Korir Salat vs. IEBC & 7 others, Supreme Court Application No. 16 of 2014[2014] eKLR
- Dilpack Kenya Limimited v. William Muthama Kitonyi [2018] eKLR
- National Hospital Insurance Fund Board of Management v Kenya Union of Commercial Food and Allied Workers [2020] eKLR
- Edith Gichugu Koine v Stephen Njagi Thoithi [2014] eKLR
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
- Daphne Parry v. Murray Alexander Carson [1963] EA 546
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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