Wanjihia v Alex Wainaina t/a John Commercial Agencies & 4 others (Civil Application E571 of 2023) [2024] KECA 333 (KLR) (28 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 333
- Citation
- [2024] KECA 333 (KLR)
- Decided
- 28 March 2024
The court dismissed the application for extension of time, finding the delay to be inordinate and the applicant to have failed to provide a plausible explanation.
Facts
The applicant, Edward Janson Mwangi Wanjihia, sought to file a notice of appeal out of time against the judgment of the Environment and Land Court at Nairobi. He claimed that he had instructed his previous advocates to file the memorandum and record of appeal but they did not heed his instructions, leading to a one-year delay.
Issues
- Whether the delay in filing the notice of appeal was inordinate and inexcusable.
- Whether the applicant has provided a plausible explanation for the delay.
Reasoning
The court found the delay to be on the face of it long and called for explanation. The applicant claimed he gave instructions and made follow-ups but did not provide evidence of this. The court concluded that no plausible explanation was provided.
Outcome
Application dismissed with costs
Loading judgment…