Mwaniki v Musyoki (Civil Application E008 of 2025) [2025] KECA 601 (KLR) (28 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 601
- Citation
- [2025] KECA 601 (KLR)
- Decided
- 28 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file and serve the Notice of Appeal and Record of Appeal out of timeCoramOLE KANTAI, JA
Holding
The application for leave to file and serve the Notice of Appeal out of time has no merit and is dismissed.
Facts
The applicant, Mwaniki, filed an appeal against the decision of the High Court of Kenya at Embu in HCCA E024 of 2024, but the appeal was dismissed on 16th October, 2024. The applicant now seeks leave to file and serve the Notice of Appeal out of time.
Issues
- Whether the applicant is entitled to leave to file and serve the Notice of Appeal out of time
- Whether the applicant's delay in filing the Notice of Appeal is excusable
Reasoning
The applicant's delay in filing the Notice of Appeal was inordinate and there was no reasonable explanation for the delay. The court doubts the possibility of success of the intended appeal.
Outcome
The application is dismissed.
Authorities cited
Cases cited (4)
- Fakir Mohamed v Joseph Mugambi & 2 Others in Civil Application No. 33 of 2004
- Mwangi v Kenya Airways Limited [2003] KLR 486
- Major Joseph Mwereri Igweta v Mulika M'Ethare and Attorney General, Civil Application No. Nai 8/2000
- Murai Wainana (No. 4) [1982] KLR 38
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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