Nthiwa v Jubilee Insurance Co of Kenya Ltd (Civil Application E039 of 2023) [2023] KECA 395 (KLR) (31 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 395
- Citation
- [2023] KECA 395 (KLR)
- Decided
- 31 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge an appeal out of timeCoramKI LAIBUTA, JA
Holding
The motion fails and is hereby dismissed with costs to the respondent
Facts
The applicant, Simon Wambua Nthiwa, was not in gainful employment and lacked financial means to institute the appeal within the required time. He had to move to his rural home and was unable to travel to Nairobi due to travel restrictions. His advocates obtained certified copies of the proceedings on September 2, 2021, but the appeal was not filed eighteen months later.
Issues
- Whether the applicant has an arguable appeal
- Whether the delay in lodging the appeal is inordinate and satisfactorily explained
Reasoning
The applicant has not demonstrated an arguable appeal and no satisfactory explanation has been given for the inordinate delay in lodging the appeal.
Outcome
Dismissed
Orders
- Motion dismissed with costs to the respondent
Authorities cited
Cases cited (10)
- Kiu & Another vs. Khaemba & 3 Others [2021] KECA p.318
- Andrew Kiplagat Chembaringo vs. Paul Kipkorir Kibe [2018] eKLR
- Joseph Wanjohi Njau vs. Benson Maina Kabau [2013] eKLR
- Joyce Lenges vs. Attorney General & 11 Others [2021] eKLR
- Leo Sila Mutiso vs. Helen Wangari Mwangi [1999] 2 EA p.231
- Kiundi vs. Kenya Pipeline Company Limited [2023] eKLR
- Neville Patrick Gibson Warren & 3 Others vs. Linda Watiri Muriuki [2014] eKLR
- Kenya National Highways Authority vs. Joseph Ndolo Mutua [2020] eKLR
- County Government of Mombasa vs. Kooba Kenya Limited [2019] eKLR
- Abdul Azizi Ngoma vs. Mungai Mathayo [1976] 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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