Papa v Nyabola & another (Civil Application E127 of 2023) [2024] KECA 214 (KLR) (29 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 214
- Citation
- [2024] KECA 214 (KLR)
- Decided
- 29 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for Extension of time to file Notice of AppealCoramJM NGUGI, Omollo
Holding
The Court is unable to exercise its discretion on behalf of the applicant as his delay in perfecting his right of appeal is both inexcusable and inordinate.
Facts
The applicant was the 2nd respondent in an ELC Case No. 1 of 2019 where the 1st respondent, Basil Okoit Nyabola, was found to have been in possession of the suit property for more than twelve years. The applicant seeks an extension of time to file an appeal against the judgment.
Issues
- Whether the applicant has met the threshold for the exercise of the Court's discretion to grant leave for him to file an appeal out of time.
- Whether the delay in perfecting the applicant's right of appeal is excusable and inordinate.
Reasoning
The impugned judgment was delivered on 25th May, 2023, and the application was not filed until 12th October, 2023, which was 140 days late. The applicant's reasons for the delay were not satisfactory.
Outcome
The application is dismissed.
Orders
- The application is dismissed.
- Costs are awarded to the respondent.
Authorities cited
Cases cited (1)
- Charles N. Ngugi v ASL Credit Limited [2021] 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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