Naaman (Suing as Legal Representative of the Estate of Naaman M’Tuera) v Kimathi & 3 others (Civil Application E040 of 2021) [2022] KECA 60 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 60
- Citation
- [2022] KECA 60 (KLR)
- Decided
- 4 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve a Memorandum and Record of AppealCoramA.K. MURGOR
Holding
The application for extension of time is not merited, and the Notice of Motion dated 12th April 2021 is hereby dismissed with costs to the respondent.
Facts
The applicant, Japheth Kinyua Naaman, seeks to extend time to file and serve a Notice of Appeal against a judgment of the High Court at Meru Kimei, J. delivered on 8th April 2019. The Notice of Appeal was filed on time but not served on the respondents due to the advocate's indisposition.
Issues
- Whether the application for extension of time is merited
- Whether the intended appeal has any chance of success
Reasoning
The delay was for a period of over 23 months, and the chances of the appeal succeeding are questionable. The issues in contention date back to the 1970s, and the land has been subjected to various dealings.
Outcome
The application for extension of time is denied.
Orders
- The Notice of Motion dated 12th April 2021 be and is hereby dismissed with costs to the respondent.
Authorities cited
Cases cited (1)
- Habo Agencies Limited vs Wilfred Odhiambo Musingo
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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