Aviano Kiunga v Godfrey Mwiti Kiunga [2021] KEELC 1863 (KLR)
- Court
- Environment & Land Court
- Case number
- 1863
- Citation
- [2021] KEELC 1863 (KLR)
- Decided
- 29 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal Out of TimeCoramHON. C.K. NZILI, C/A: Kananu
Holding
The application is dismissed with no orders as to costs.
Facts
The applicant filed an originating summons seeking leave to file an appeal out of time due to delays caused by the Covid-19 pandemic. The judgment in the underlying case was passed on 28th February 2020, but the applicant obtained certified copies and judgment on 30th November 2020.
Issues
- Whether the applicant's application for leave to file an appeal out of time is procedurally correct.
- Whether the applicant has shown good and sufficient cause for the delay in filing the appeal.
Reasoning
The court found that the applicant did not show arguable points, brought the application without undue delay, and there was no prejudice to the respondent. The applicant's delay was not reasonable and justified.
Outcome
Dismissed with no orders as to costs
Authorities cited
Legislation (1)
- Limitation of Actions Act Cap 22 Laws of Kenya
Cases cited (1)
- Nicholas Kiptoo Korir Arap Salat vs IEBC & 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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