Barasa & 2 others v Musundi & 2 others (Civil Application E015 of 2024) [2024] KECA 628 (KLR) (27 May 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 628
- Citation
- [2024] KECA 628 (KLR)
- Decided
- 27 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file a notice of appeal and record of appealCoramMA WARSAME
Holding
The application is dismissed with costs
Facts
The applicants filed a notice of appeal and record of appeal against the judgment of the High Court in Succession Cause No. 12 of 2017, but the notice of appeal was deemed withdrawn 3 years after lodging. The applicants then filed an application seeking to review and set aside the ruling.
Issues
- Whether the applicants can file a fresh notice of appeal and record of appeal
- Whether the applicants have a valid reason for the delay in filing the record of appeal
Reasoning
The court found that the applicants did not provide a valid reason for the delay and that the applicants did not file the record of appeal on time. The court emphasized that the applicants must show reasons for delay and that the applicants were not entitled to an extension of time.
Outcome
Dismissed with costs
Orders
- Application dismissed
Authorities cited
Cases cited (2)
- Ratman v. Cumarasamy (1964) 3 ALL ER 933
- City Chemist (NBI) & Another v. Oriental Bank Limited Civil Application No. Nai 302 of 2008 (UR 199/2008)
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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