Route 3 Company Limited & another v Nairobi City County & another (Civil Appeal (Application) 188 of 2019) [2025] KECA 315 (KLR) (21 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 315
- Citation
- [2025] KECA 315 (KLR)
- Decided
- 21 February 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for rehearing of dismissed motionCoramK. Bor, Madan
Holding
The court dismissed the application as the applicants failed to demonstrate the reason for the delay and the appeal would not be rendered nugatory without the determination of the application.
Facts
The applicants filed a notice of motion on June 24, 2024, seeking to vary or set aside the court's previous dismissal of their motion dated October 17, 2019, due to non-attendance, and to reinstate the application.
Issues
- Whether the application was filed within the applicable statute's parameters
- Whether the appeal would be rendered nugatory without the determination of the application
- Whether the court should exercise its discretion under Article 159(2)(d) of the Constitution
- Whether the court has discretion to vary any order and adhere to substantive justice
- Whether the dismissal of the applicants' advocate caused the delay
Reasoning
The court found that the applicants did not provide sufficient evidence of the reason for the delay and that the appeal would not be rendered nugatory without the determination of the application.
Outcome
Application dismissed
Orders
- The court dismissed the application and did not vary or set aside the previous order dismissing the applicants' motion.
- The court did not reinstate the application dated October 17, 2019.
Authorities cited
Legislation (3)
- Court of Appeal Rules
- Article 48
- Article 159(2)(d) of the Constitution
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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