Kang'ethe & 5 others v Ng’ng’a; Kang'ethe & 11 others (Proposed Objectors) (Civil Application E043 of 2024) [2024] KECA 630 (KLR) (28 May 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 630
- Citation
- [2024] KECA 630 (KLR)
- Decided
- 28 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to file an Appeal out of timeCoramMA WARSAME
Holding
The application is incompetent and an outright abuse of the court process. It is dismissed with costs to the Respondent.
Facts
The proposed appellants sought leave to appeal out of time against the ruling of the High Court of Kenya at Nakuru dated 11th December, 2023.
Issues
- Whether the application to file an appeal out of time is competent and within the set out procedures
- Whether the court should admit the draft Memorandum of Appeal out of time
Reasoning
The applicant is trying to put the cart before the horse by seeking to file an appeal out of time without filing a Notice of Appeal or seeking an extension within which to file the same out of time. This is an attempt to overturn the set out Rules and Procedures.
Outcome
Dismissed with costs to the Respondent
Orders
- The application is 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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