Gichira v Gichira (Civil Application 135 of 2019) [2023] KECA 1581 (KLR) (16 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1581
- Citation
- [2023] KECA 1581 (KLR)
- Decided
- 16 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve a Notice and Memorandum of Appeal out of timeCoramAO MUCHELULE
Holding
The application is dismissed as there was inordinate delay in bringing the application and the explanation for the delay was neither reasonable nor plausible.
Facts
The applicant, John Githinji Gichira, appealed against the dismissal of his appeal in the High Court. The appeal was dismissed for want of prosecution. The applicant then sought leave to file and serve a Notice of Appeal out of time.
Issues
- Whether the applicant's delay in filing the Notice of Appeal was inordinate and unreasonable.
- Whether the applicant's explanation for the delay was reasonable and plausible.
Reasoning
The Court considered the facts presented and found that the delay in bringing the application was inordinate and the explanation for the delay was neither reasonable nor plausible.
Outcome
Application dismissed
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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