Mariga & 2 others v Mariga & another (Civil Application E026 of 2023) [2024] KECA 470 (KLR) (26 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 470
- Citation
- [2024] KECA 470 (KLR)
- Decided
- 26 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file an appeal out of timeCoramFA OCHIENG
Holding
The application is fatally defective and incompetent. The application is struck out with no order as to costs.
Facts
The applicants sought to appeal a judgment delivered on December 20, 2022, but did not receive prior notice. The respondents did not file an affidavit in answer to the applicants' facts and did not file any submissions.
Issues
- Whether the applicants have met the threshold for the grant of leave to appeal out of time.
- Whether the application was made under the wrong provisions of the law.
Reasoning
The court found that the applicants did not meet the threshold for the grant of leave to appeal out of time and that the application was made under the wrong provisions of the law.
Outcome
The application is struck out with no order as to costs.
Orders
- The application is struck out with no order as to costs.
Authorities cited
Legislation (3)
- Civil Procedure Rules, 2010
- Civil Procedure Act
- Court of Appeal Rules
Cases cited (4)
- Nicholas Kiptoo Arap Korir Salat v The Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR
- Daniel Kimani Njihia v Francis Mwangi Kimani & Another [2015] eKLR
- Michael Mungai v Housing Finance Co. (K) Ltd & 5 other [2017] eKLR
- Hermanus Phillipus Steyn v. Giovanni Gnnechi-Ruscone, Supreme Court, Application No. 4 of 2012
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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