Moracha v Njuguna (Civil Application E365 of 2023) [2024] KECA 331 (KLR) (28 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 331
- Citation
- [2024] KECA 331 (KLR)
- Decided
- 28 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve a notice of appeal and memorandum of appeal out of timeCoramP. O. KIAGE
Holding
The motion is without merit and is dismissed with costs.
Facts
The applicant, Richard Moracha Moracha, sought an extension of time to file and serve a notice of appeal and memorandum of appeal out of time due to not being notified of the judgment by his previous advocates until late March 2023. The respondent, Ruth Wamucha Njuguna, contested the application, asserting her right to the land and the correctness of the impugned decision.
Issues
- Whether the applicant's delay in filing the application for extension of time is justified
- Whether the applicant is entitled to an extension of time to file and serve a notice of appeal and memorandum of appeal out of time
Reasoning
The 9-month delay in filing the application is considered long and inordinately so, and the applicant did not explain his inaction.
Outcome
Denied
Orders
- The motion is dismissed with costs
Authorities cited
Cases cited (1)
- Nicholas Kiptoo Arap Salat v IEBC & 7 others [2014] 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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