Macharia v Muthoni (Suing as the Legal Representative of Joseph Kahonge Muthondu (Deceased)) (Civil Appeal (Application) E051 of 2024) [2024] KECA 952 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 952
- Citation
- [2024] KECA 952 (KLR)
- Decided
- 26 July 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for leave to file a Notice of Appeal out of timeCoramWK KORIR
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant, John Thuo Macharia, sought leave to file a Notice of Appeal against the judgment of the Environment and Land Court at Nyahururu dated 22nd September 2022. The respondent, Elizabeth Muthoni Kahonge, opposed the application, alleging that the delay in filing the notice of appeal was inexcusable.
Issues
- Whether the applicant should be granted leave to file a Notice of Appeal out of time
- Whether the applicant's delay in filing the notice of appeal is excusable
Reasoning
The court found that the applicant did not provide a satisfactory explanation for the delay in filing the notice of appeal and that the delay prejudiced the respondent.
Outcome
Application dismissed
Orders
- Application for leave to file a Notice of Appeal out of time is dismissed
Authorities cited
Cases cited (1)
- Edith Gichungu Koine v. Stephen Njagi Thoithi [2014] eKLR
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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