Gichohi v Uhuru High Way Development Ltd & 2 others (Civil Appeal (Application) 60 of 2017) [2022] KECA 1390 (KLR) (16 December 2022) (Ruling)

Facts

The applicant, Hezekiah W Gichohi, filed a suit against the respondents in Nairobi HCCC No 292 of 2008 seeking numerous declarations, prohibitory orders, and other reliefs. The respondents applied to strike out the applicant's suit, which was allowed by the High Court. The applicant then filed a notice of appeal but did not take further steps for almost 7 years. He filed an application for extension of time to file and serve the record of appeal.

Issues

1. Whether the applicant's delay in filing and serving the record of appeal was inordinate and unexplained.
2. Whether the applicant's reference to a full bench was justified given the circumstances of the case.

Reasoning

The court found that the applicant's delay in filing and serving the record of appeal was inordinate and unexplained, and that it was not enough to show that the intended appeal was arguable. The court also noted that alleged mistake of counsel does not of itself cure the litigant's own inaction.

Outcome

The applicant's reference is dismissed.

Authorities cited