Muchiri v Muchiri (Civil Application E233 of 2022) [2024] KECA 274 (KLR) (8 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 274
- Citation
- [2024] KECA 274 (KLR)
- Decided
- 8 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an Appeal out of timeCoramF. TUIYOTT, JA
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant sought to file an appeal out of time against the High Court's judgment dated 4th March, 2022, in Civil Suit No. 64 of 2018, but failed to do so due to an inadvertent error in serving the notice of appeal. The applicant now seeks an extension of time to file the appeal and other related orders.
Issues
- Whether the applicant is entitled to an extension of time to file the appeal out of time
- Whether the applicant's failure to serve the notice of appeal was due to an inadvertent error or a deliberate strategy
Reasoning
The Court found the application without merit due to the applicant's delay in moving the court for amends and the lack of satisfactory explanations from the applicant's advocates.
Outcome
Application dismissed
Authorities cited
Cases cited (3)
- Rajesh Rughani v Fifty Investments Limited & another [2016] eKLR
- Habo Agencies Limited v Wilfred Odhiambo Musingo [2015] eKLR
- Mwangi -v- Kariuki [1999]LLR 2632 (CAK)
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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