Muthemba & another v Delmonte (K) Limited (Civil Appeal (Application) E396 of 2021) [2026] KECA 563 (KLR) (13 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 563
- Citation
- [2026] KECA 563 (KLR)
- Decided
- 13 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for leave to file a record of appeal out of timeCoramS. OKONG’O
Holding
The application is dismissed as the 7-year delay in filing the record of appeal is unexplained and inordinate.
Facts
The 2nd appellant (Robert Ndaru Gichioni) filed a notice of appeal on 27th August 2018, but did not file a record of appeal by the deadline. He changed his advocates in May 2019 and later appointed Munyiva Muli Advocates & Associates, who informed him that no record of appeal had been filed.
Issues
- Whether the 2nd appellant has a reasonable reason for the delay in filing the record of appeal
- Whether the 2nd appellant has an arguable appeal
Reasoning
The court found the 7-year delay in filing the record of appeal to be unexplained and inordinate, and the applicant failed to demonstrate diligence in pursuing the appeal.
Outcome
Application dismissed
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 7 Others
- E. T. Monks & Co. Ltd. v. Evans
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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