David Mwaniki Kasimu v Collins Musyani Muthangya & another [2020] KEELC 3758 (KLR)
- Court
- Environment & Land Court
- Case number
- 3758
- Citation
- [2020] KEELC 3758 (KLR)
- Decided
- 31 January 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Judgment and Decree of Senior Resident Magistrate’s Court at Mwingi in Civil Case No. 56 of 2002CoramO.A. Angote
Holding
The court dismisses the Notice of Motion dated 3rd April, 2019 with costs.
Facts
The Appellant filed an Application seeking leave to Appeal against the Ruling and order of the court dated 31st July, 2018. The Application was filed out of time due to a mistake in the diarization of the Ruling date.
Issues
- Whether the court can grant leave to Appeal out of time
- Whether the court can extend time to file an Application for leave to Appeal
Reasoning
The court finds that the Applicant's delay in filing the Application for leave to Appeal is not reasonable and prejudicial to the Respondents. The court cannot exercise its discretion to extend time due to the Applicant's failure to explain the delay.
Outcome
Dismissal of the Notice of Motion with costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Nicholas Kiptoo Arap Korir Salat vs. The Independent Electoral & Boundaries Commission & 7 Others (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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