Sayo & 5 others v Gichuru (Civil Application E409 of 2023) [2024] KECA 27 (KLR) (25 January 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 27
- Citation
- [2024] KECA 27 (KLR)
- Decided
- 25 January 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve a notice of appealCoramM. Ngugi, JA
Holding
The application is dismissed with costs to the respondent.
Facts
The applicants sought to appeal a judgment delivered on 4th March, 2020, but failed to file a notice of appeal within the statutory timelines. They instructed B.J Sawe & Co. Advocates, who they claim made a mistake in not filing the notice of appeal. The respondent, Stephen Gichuru, opposed the application, alleging that the applicants were indolent and had slept on their rights for over 3 years.
Issues
- Extension of time to file a notice of appeal
- Stay of execution of the judgment
- Allowance of a new advocate to come on record
Reasoning
The court found the application without merit due to an inordinate delay of over 3 years and 5 months, and the applicants' failure to take action despite ample notice of the judgment.
Outcome
Dismissed
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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