Joreth Limited v Mbugua & 3 others (Civil Application E219 of 2021) [2022] KECA 163 (KLR) (18 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 163
- Citation
- [2022] KECA 163 (KLR)
- Decided
- 18 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve a notice of appealCoramRN NAMBUYE
Holding
The application is dismissed with costs to the 1st and 2nd respondents.
Facts
Joreth Limited seeks to appeal a judgment from the Environment and Land Court dated 24th September, 2020, but failed to file the notice of appeal within the prescribed time due to the Covid-19 pandemic.
Issues
- Whether the applicant is entitled to an extension of time to file and serve a notice of appeal
- Whether the delay in filing the appeal is excusable
Reasoning
The court finds no merit in the application, noting the applicant's lack of seriousness in seeking the court's intervention and the absence of a draft memorandum of appeal.
Outcome
Application dismissed
Authorities cited
Cases cited (3)
- Athuman Nusura Juma vs. Afwa Mohammed Ramadhan [2016] eKLR
- Mbaki & Others vs. Macharia & Another [2005] 2EA 206
- Abbas Sherally & Another vs. Abdul Fazaiboy, Civil Application No. 33 of 2003
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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