Mokaya v Yehua & another (Civil Application E375 of 2021) [2023] KECA 330 (KLR) (17 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 330
- Citation
- [2023] KECA 330 (KLR)
- Decided
- 17 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve the Memorandum of appeal and record of appealCoramAK MURGOR, JA
Holding
The court declines to exercise its discretion to extend time for filing the notice of appeal and dismisses the motion.
Facts
The applicant filed a suit against the respondents claiming damages for breach of contract. The suit was dismissed, and the applicant filed an appeal. However, the applicant was unable to file the appeal within the prescribed time due to delays in receiving the certified proceedings.
Issues
- Whether the applicant can be granted an extension of time to file and serve the Memorandum of appeal and record of appeal
- Whether the respondents will suffer prejudice if the extension is granted
Reasoning
The court found that the applicant failed to provide crucial documents and explanations for the delay, and there was no evidence of likely success of the appeal or prejudice to the respondents.
Outcome
The motion is dismissed.
Orders
- The court declines to extend time for filing the notice of appeal
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (5)
- Fakir Mohammed v Joseph Mugambi & 2 others (2005) eKLR
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
- Liberato Kivanga Manga v Prime Bank Limited [2021] eKLR
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi – civil application No Nai 251 of 1997
- Trade Bank Ltd In liquidation v LZ engineering Construction Ltd and another civil appln Nai 282/98
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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