Mosonik v Mariandany (Civil Application E032 of 2023) [2024] KECA 264 (KLR) (8 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 264
- Citation
- [2024] KECA 264 (KLR)
- Decided
- 8 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent did not respond to the application for extension of time to file an appeal out of time.CoramF. OCHIENG
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant Emily Mosonik applied for extension of time to file an appeal out of time from the decision of the Environment & Land Court of Kenya at Nakuru dated 28th February 2022 in ELC Case No. 595 OF 2016. The applicant claimed that the respondent did not communicate the terms of the judgment to her, she was not served with the decree, and the court did not email the impugned judgment to her.
Issues
- Whether the applicant has advanced a plausible reason for the delay in filing the present application.
- Whether the chances of success of the intended appeal are possible.
Reasoning
The applicant has not advanced any plausible reason for the delay in filing the present application. The Court finds that the chances of success of the intended appeal are not determined with finality by a single judge.
Outcome
Dismissed
Orders
- The application is dismissed with costs to the respondent.
Authorities cited
Cases cited (1)
- Athuman Nusura Juma v Afwa Mohamed Ramadhan, CA No. 227 of 2015
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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