Thika Muslim Co-operative Society Limited v Zubeidi (Civil Application E180 of 2023) [2023] KECA 899 (KLR) (24 July 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 899
- Citation
- [2023] KECA 899 (KLR)
- Decided
- 24 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file a Notice of Appeal and Record of Appeal out of timeCoramGW NGENYE-MACHARIA
Holding
The application is dismissed with costs, as the delay in filing the appeal is inordinate and the applicant has not provided a satisfactory explanation.
Facts
The applicant seeks to appeal a judgment delivered in 2010, but failed to file a notice of appeal within the stipulated time. The applicant claims its previous advocate was unaware of the judgment and delayed in filing the appeal.
Issues
- Whether the applicant can extend the time to file a notice of appeal
- Whether the delay in filing the appeal is justifiable
Reasoning
The court found the delay to be inordinate and inexcusable, and the applicant's proffered reasons were not tenable. The court also noted that the applicant had not disclosed pertinent information to the court.
Outcome
Application dismissed
Orders
- Application for extension of time to file a Notice of Appeal and Record of Appeal out of time is dismissed
Authorities cited
Cases cited (3)
- Fakir Mohammed v Joseph Mugambi & 2 Others [2005] eKLR
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
- Muchungi Kiragu v James Muchungi Kiragu and another [1998] 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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