Mithamo v Nyaga (Civil Application E060 of 2021) [2023] KECA 1642 (KLR) (27 October 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1642
- Citation
- [2023] KECA 1642 (KLR)
- Decided
- 27 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve the memorandum of appeal and record of appeal out of timeCoramJAMILA MOHAMMED
Holding
The application is dismissed with no order made.
Facts
The applicant, Purity Wangechi Mithamo, sought to extend the time to file and serve her memorandum of appeal and record of appeal out of time. The notice of appeal was lodged on 11th October, 2017, and the record of appeal was due by 10th December, 2017. The application was filed more than 3 years and ten months after the filing of the notice of appeal.
Issues
- Whether the applicant has a sufficient reason to extend the time limit for filing the memorandum of appeal and record of appeal out of time.
- Whether the delay in filing the application is inordinate and satisfactorily explained.
Reasoning
The Court exercised its discretion under Rule 4 of the Court of Appeal Rules, considering factors such as the length of the delay, the reasons for the delay, and the chances of the appeal succeeding. The Court found the delay to be inordinate and not satisfactorily explained.
Outcome
Dismissed with no order made.
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (3)
- Leo Sila Mutiso v Hellen Wangari Mwangi [1999] 2 EA 231
- Mwangi vs. Kenya Airways Ltd [2003] KLR 486
- Murai v Wainaina (No 4) [1982] KLR 38
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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