Munyao t/a Munyao - Kayugira & Co. Advocates v Otieno & another (Civil Application E462 of 2022) [2023] KECA 1141 (KLR) (22 September 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1141
- Citation
- [2023] KECA 1141 (KLR)
- Decided
- 22 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file a Record of AppealCoramJ. Kamau, KI LAIBUTA, Kamau
Holding
The applicant's motion is dismissed with costs.
Facts
The applicant, Scola Munyao T/A Munyao-Kayugira and Company Advocates, sought an extension of time to file a record of appeal against the High Court's ruling dismissing her application to be struck out of the suit. The High Court's ruling was delivered on May 26, 2020.
Issues
- Whether the applicant has an arguable appeal with a possibility of success.
- Whether the delay in filing the record of appeal is inordinate and satisfactorily explained.
Reasoning
The Court found that the applicant has not presented a memorandum of appeal to demonstrate an arguable appeal. The delay in filing the record of appeal was inordinate and not satisfactorily explained.
Outcome
The motion is dismissed.
Orders
- The applicant's motion for extension of time to file a record of appeal is dismissed.
- The applicant is ordered to pay costs to the respondents.
Authorities cited
Cases cited (3)
- CFC Stanbik Ltd v John Maina Githaiga and Another [2013] eKLR
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
- Leo Sila Mutiso v Helen Wangari Mwangi [1999] 2 EA p231
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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