Trustees of the Lutheran World Federation v Latimer Ruguru Gacanja t/a Zoea Transporters Ltd (Civil Application E054 of 2021) [2022] KECA 1165 (KLR) (28 October 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1165
- Citation
- [2022] KECA 1165 (KLR)
- Decided
- 28 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to lodge a Notice of Appeal out of time and for stay of execution of the judgment and decreeCoramJM MATIVO, Sergon
Holding
The application is dismissed with no orders as to costs.
Facts
The applicant seeks leave to lodge a Notice of Appeal out of time against the judgment and decree delivered in High Court Civil Suit No. 668 of 2001, which was delivered on December 15, 2021. The applicant claims that the judgment was delivered virtually and that the advocate held brief for the applicant's advocate, but the record does not show whether the parties were present.
Issues
- Whether the applicant has provided sufficient reasons for the failure to file the Notice of Appeal out of time.
- Whether the applicant has demonstrated an arguable appeal and the need for a stay of execution of the judgment pending the appeal.
Reasoning
The court found that the applicant did not provide a reasonable explanation for the delay in filing the Notice of Appeal and dismissed the application.
Outcome
Application dismissed
Authorities cited
Cases cited (5)
- Vishastone Suppliers Ltd v RSR Stone (2006) Limited [2020] e KLR
- Stanley K. Mwenda v Cyprian Kubai [200] e KLR
- Andrews Kiplangat Chmaringo v Paul Kipkorir [2018] e KLR
- Athuman Nusura Juma v AfwaMohamed Ramadhan [2016] e KLR
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others {2014} e KLR
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…