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Nextgen Office Suites Limited v Kimani & 6 others (Civil Application E286 of 2023) [2024] KECA 378 (KLR) (28 March 2024) (Ruling)

[2024] KECA 378 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
378
Citation
[2024] KECA 378 (KLR)
Decided
28 March 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time and leave to appeal out of timeCoramPO KIAGE
Holding

The application is dismissed as unmeritorious due to inordinate delay and implausibly explained reasons.

Facts

Nextgen Office Suites Limited filed a notice of appeal against the ruling of the Environment and Land Court, but it was rejected due to the lapse of time. The applicant now seeks an extension of time to file the notice of appeal.

Issues

  1. Whether the applicant's application for extension of time is res judicata
  2. Whether the applicant's reasons for delay are plausible

Reasoning

The court found the applicant's reasons for delay implausible and noted the applicant was involved in multiple applications and processes, which were mutually exclusive.

Outcome

Application dismissed

Orders

  • Application for extension of time dismissed
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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