Marasi v Board of Management, Geturi Mixed Secondary School (Civil Application E047 of 2021) [2022] KECA 1083 (KLR) (7 October 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1083
- Citation
- [2022] KECA 1083 (KLR)
- Decided
- 7 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent's application for extension of time to file and serve the Notice of AppealCoramP. O. KIAGE
Holding
The Court declines to grant the prayer to extend time and dismisses the application in its entirety with costs.
Facts
The applicant, Richard Nyaundi Marasi, filed a notice of appeal against the judgment of the Employment and Labour Relations Court on June 8, 2017. However, he did not file the memorandum of appeal and record of appeal within the time limit. He appointed new advocates on October 21, 2020, and sought an extension of time.
Issues
- Whether the applicant's delay in filing the appeal was reasonable
- Whether the appeal has a chance of success
Reasoning
The Court found the delay in filing the appeal to be inordinate and unreasonable, given the applicant's failure to demonstrate efforts to prosecute the appeal and the long delay in appointing new advocates.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (1)
- Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet [2018] eKLR
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…