Nzusyo & another v Wambua & another (Civil Appeal (Application) 7 of 2019) [2022] KECA 17 (KLR) (21 January 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 17
- Citation
- [2022] KECA 17 (KLR)
- Decided
- 21 January 2022
AI Summary
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TypeCivil Appeal (Application)PostureApplication to strike out the notice of appeal and record of appealCoramJUDGE OF APPEAL, J. GATEMBU KAIRU, JUDGE OF APPEAL, P. NYAMWEYA, JUDGE OF APPEAL, J. LESIIT
Holding
The application is dismissed, and the Applicants will have the costs of the application in any event.
Facts
The 1st Respondent and 2nd Appellant were co-administratrix of the estate of the deceased Nelson Wambua Masila. The 1st Respondent and 2nd Appellant were co-wives of the deceased. The 1st Applicant (Mutisya Muindi Nzusyo) objected to the distribution of the estate and the High Court declared the plot belonged to him.
Issues
- Whether the Notice of Appeal was served within the prescribed time under Rule 77 of the Court of Appeal Rules.
- Whether the Respondents took due diligence in following up their case after the Notice of Appeal was filed.
Reasoning
The court dismissed the application as the Notice of Appeal was not served within the prescribed time, but the Respondents explained the delay due to a mistake of their previous counsel. The court allowed the Respondents an opportunity to regularize by making an application for extension of time.
Outcome
Dismissed
Orders
- The application is dismissed.
- The Applicants will have the costs of the application in any event.
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (4)
- Peter Gichuki Kingara v IEBC & Others Nyeri C. A No, 31 of 2013
- Kamlesh Pattni v Director of Public Prosecutions & 3 Others [2015] eKLR
- Daniel Nkirimpa Monirei vs. Sayialel ole Koilel & 4 Others [2016] eKLR
- Omwoyo v African Highlands & Produce Ltd [2002] 1 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.
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