Mbugua & another (Suing as Legal Representatives of the Estate of Joseph Mbugua Njuguna) v Kariuki & another (Civil Application E462 of 2023) [2023] KECA 1666 (KLR) (15 December 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1666
- Citation
- [2023] KECA 1666 (KLR)
- Decided
- 15 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file an appealCoramDK MUSINGA
Holding
The application is dismissed with costs to the respondent.
Facts
The applicants were not served with the hearing notice before the trial court rendered its judgment on 3rd October 2022, and they only learned of the judgment later.
Issues
- Whether the applicants were denied a fair hearing
- Whether the applicants can file an appeal within the prescribed time frame
Reasoning
The delay in filing the notice of appeal was close to one calendar year, and the applicants did not satisfactorily explain the reason for the delay.
Outcome
Application dismissed
Orders
- Application for extension of time to file an appeal 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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