Karanja v Wambui & another (Civil Appeal (Application) E008 of 2022) [2024] KECA 376 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 376
- Citation
- [2024] KECA 376 (KLR)
- Decided
- 12 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for leave to file out of time an application to strike out the appealCoramWK KORIR
Holding
The application is dismissed as devoid of merit due to the unsatisfactory explanation for the delay and the potential prejudice to the 1st respondent.
Facts
The applicant, Phelister Njoki Karanja, seeks leave to file an application out of time to strike out an appeal filed by the 1st respondent, Susan Salome Wambui, against a judgment delivered on 19th November 2020 in Nakuru High Court Succession Cause No. 488 of 2003.
Issues
- Whether the applicant's delay in filing the application to strike out the appeal is justified
- Whether the 1st respondent will be prejudiced if the application is allowed
Reasoning
The Court found the delay of approximately 14 months to be inordinate and unsatisfactorily explained, and the 1st respondent would be prejudiced if the application were allowed without a satisfactory explanation.
Outcome
The application is dismissed.
Orders
- The application is dismissed.
- No orders as to costs are made.
Authorities cited
Cases cited (3)
- Fakir Mohammed v Joseph Mugambi & 2 others [2005] eKLR
- Philip Keipto Chemwolo & another v Augustine Kubende [1986] eKLR
- Kenya Railways Corporation v Quicklubes E.A. Limited [2015] 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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