Shikhoba v Odera & 3 others (Civil Application 157 of 2019) [2022] KECA 826 (KLR) (13 May 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 826
- Citation
- [2022] KECA 826 (KLR)
- Decided
- 13 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file an appeal out of timeCoramP. O. KIAGE, MUMBI NGUGI, F. TUIYOTT
Holding
We find this reference to be without merit and we dismiss it with costs.
Facts
The applicant sought an extension of time to file and serve a notice of appeal and record of appeal due to various delays and the absence of his advocate during the proceedings.
Issues
- Whether the learned single judge erred in declining to exercise his discretion in favour of the applicant for the reason that the explanation given for the delay in filing the appeal was not reasonable hence the delay was inordinate.
- Whether the applicant has demonstrated any wrong doing on the part of the learned Judge to warrant interference with the exercise of his discretion.
Reasoning
The learned Judge properly exercised his discretion in the matter. The applicant has not demonstrated any wrong doing on the part of the learned Judge to warrant interference with the exercise of his discretion.
Outcome
The application for leave to file an appeal out of time is dismissed with costs.
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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