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Kirera v M’Kirera & 2 others (Civil Application E073 of 2022) [2023] KECA 2 (KLR) (17 January 2023) (Ruling)

[2023] KECA 2 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
2
Citation
[2023] KECA 2 (KLR)
Decided
17 January 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve Record of AppealCoramLK KIMARU
Holding

The application for extension of time to file the appeal is dismissed.

Facts

Sammy Mugambi Kirera filed an appeal against the judgment of the High Court of Kenya at Meru, delivered on May 12, 2020. The appeal was delayed due to the COVID-19 situation and financial hardship.

Issues

  1. Whether to grant an extension of time to file the appeal
  2. Whether the applicant's appeal is arguable or meritorious

Reasoning

The court found that the applicant failed to provide a reasonable explanation for the delays and that the appeal may not succeed on merits. The court also noted that the respondents would be unduly prejudiced.

Outcome

Application for extension of time to file the appeal is dismissed.

Orders

  • Application dismissed but with no orders as to costs.

Authorities cited

Cases cited (1)
  • Vishva Store Suppliers Company Limited v RSR [2006] Limited [2020] eKLR
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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