Munge v Oloirien Group Ranch (Suing through its representatives Moiko Oloiputa Miaron) & 7 others (Civil Application E033 of 2023) [2024] KECA 458 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 458
- Citation
- [2024] KECA 458 (KLR)
- Decided
- 12 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file a notice of appealCoramWK KORIR
Holding
The application is dismissed for the reasons that the applicant failed to provide sufficient explanation for the delay and her attitude towards her case was nonchalant.
Facts
The applicant, Jane Naisianoi Munge, failed to file a notice of appeal within the time limit set by the Environment and Land Court at Kilgoris due to delays in communication with her former advocate and the adoption of a consent for change of advocates.
Issues
- Whether the applicant's delay in filing a notice of appeal is excusable
- Whether the application is vexatious and an abuse of the court process
Reasoning
The court found that the applicant's delay was not excusable and that she did not take positive steps to show diligence. The court also noted the lack of explanation for the delay in adopting the consent for change of advocates.
Outcome
Application dismissed
Orders
- Notice of motion dated 21st March 2023 is without merit and is hereby dismissed with costs to the respondents
Authorities cited
Cases cited (5)
- Belinda Murai & 9 others v. Amos Wainaina [1979] eKLR
- Fahim Yasin Twaha v. Timamy Issa Abdalla & 2 others [2015] eKLR
- Andrew Kiplagat Chemaringo v. Kipkorir Kibet [2018] eKLR
- Wasike v. Swala [1984] KLR 591
- County Executive of Kisumu v. County Government of Kisumu & 8 others (supra)
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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