Mukuha v Mukuha & another (Civil Appeal (Application) E339 of 2022) [2022] KECA 1302 (KLR) (2 December 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1302
- Citation
- [2022] KECA 1302 (KLR)
- Decided
- 2 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for extension of time to file an appeal out of timeCoramGW NGENYE-MACHARIA
Holding
The application for extension of time to file an appeal is denied.
Facts
The applicant sought leave to appeal a High Court ruling dismissing his application to join Naivas Ltd as a substantive party. The High Court denied the application to join Naivas Ltd, but allowed the applicant to amend his pleadings.
Issues
- Whether the applicant is deserving of an extension of time to file an appeal
- Whether the intended appeal has a reasonable chance of success
Reasoning
The court found that the applicant's delay was not inordinate and that there were reasonable reasons for the delay. However, the court did not find that the intended appeal has a reasonable chance of success.
Outcome
Denied
Orders
- The application for extension of time to file an appeal is denied
Authorities cited
Cases cited (3)
- Fakir Mohammed v Joseph Mugambi & 2 Others [2005] eKLR
- Nicholas Kiptoo arap Korir Salat v IEBC & 7 Others, Supreme Court Application No 16 of 2014
- Succession Cause No 92 of 2011 (In the matter of the Estate of Peter Kago)
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…