Aketch & 3 others v Kisaka (Civil Application E038 of 2024) [2024] KECA 613 (KLR) (24 May 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 613
- Citation
- [2024] KECA 613 (KLR)
- Decided
- 24 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file Notice of Appeal out of timeCoramM NGUGI, JA
Holding
The application is dismissed with costs to the respondent
Facts
The applicants were ordered to transfer suit property to the respondent in a judgment dated 12th October, 2023. They filed a Notice of Appeal on 30th November, 2023 but failed to apply for leave to file it out of time. The 1st applicant was out of the country and faced communication challenges.
Issues
- Whether the applicants can file their Notice of Appeal out of time
- Whether the applicants can have the Notice of Appeal deemed properly filed
Reasoning
The delay in filing the Notice of Appeal was inordinate and the explanation for it was contradictory and less than candid. The applicants have not satisfied the conditions for the exercise of discretion in their favour.
Outcome
Dismissed
Orders
- Application dismissed with costs to the respondent
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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