Macharia v Muchoki(Suing as the legal representatives of the estate of Kamau Kori TERRACE HOTEL LIMITED) & 2 others (Civil Appeal (Application) E298 of 2023) [2023] KECA 907 (KLR) (24 July 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 907
- Citation
- [2023] KECA 907 (KLR)
- Decided
- 24 July 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for leave to appeal out of timeCoramHM OKWENGU
Holding
The application is struck out for being incompetent due to inordinately long delay in filing the appeal without appropriate reason.
Facts
The applicant, Titus Thuo Macharia, is the legal representative of the Estate of Alice Muthoni Gichuhi. He moved the court for orders including leave to file his appeal out of time, stay of execution of orders, and 21 days to file his appeal out of time.
Issues
- Whether the applicant's application for leave to appeal out of time is valid
- Whether the applicant's motion is defective as it is an omnibus motion
Reasoning
The court found the applicant's delay in filing the appeal to be inordinately long and without a proper reason, thus the application lacks merit.
Outcome
The application dated March 21, 2023, is struck out for being incompetent.
Orders
- The application is struck out for being incompetent.
- No orders as to costs are made as the respondents did not defend the motion.
Authorities cited
Cases cited (3)
- Chemaringo vs Paul Kipkorir Kibet [2018] eKLR
- Karny Zaharya & Another vs Shalom Levi C Appl No. 80 of 2018, [2018] eKLR
- Nicholas Kiptoo Arap Korir vs Independent Electoral & Boundaries Commission & 7 others [2014] 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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