Namasake & 65 others v Ahmed & 3 others (Civil Application E213 of 2023) [2024] KECA 330 (KLR) (28 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 330
- Citation
- [2024] KECA 330 (KLR)
- Decided
- 28 March 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 AppealCoramP. O. KIAGE
Holding
The application for extension of time to file the Notice of Appeal is dismissed
Facts
The applicants failed to file their Notice of Appeal within the prescribed time due to a break-in at their advocate's office and the advocate's illness. The notice of appeal was rejected twice and the third notice was accepted.
Issues
- Whether the applicants' delay in filing the Notice of Appeal is excusable
- Whether the applicants have an arguable appeal
Reasoning
The court found that the applicants' delay was not excusable and that they did not demonstrate an arguable appeal.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat Vs. Independent Electoral And Boundaries Commission & 7 Others [2014] eKLR
- Nancy Wanjiru Mwaura Vs. Jennifer Wairimu Njogu & 3 Others [2019] 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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