Obadiah Muruja Mugendi v Charles Kabiti Japhet & 3 others [2019] KEELC 1182 (KLR)
- Court
- Environment & Land Court
- Case number
- 1182
- Citation
- [2019] KEELC 1182 (KLR)
- Decided
- 29 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court decisionCoramNdegwa
Holding
The application is dismissed due to unreasonable delay and lack of security for the decree or orders.
Facts
The petitioner filed a Notice of Appeal against a judgment delivered on May 29, 2019, but did not file the Notice of Appeal until October 14, 2019, which was over 4 months later.
Issues
- Delay in filing the Notice of Appeal
- Insufficiency of security for the due performance of the decree or orders
Reasoning
The court found that the delay in filing the Notice of Appeal was unreasonable and that the applicant did not provide security for the decree or orders.
Outcome
The application is dismissed.
Orders
- Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Court of Appeal Rules
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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