Wilson Kimtai & 3 others v Jane Nkatha Kithinji (Suing as legal representative of the estate of Japhet Ktihinji Mwirebua – Deceased) & 5 others [2022] KEELC 1970 (KLR)
- Court
- Environment & Land Court
- Case number
- 1970
- Citation
- [2022] KEELC 1970 (KLR)
Summary at a glance
TypeCivilPostureAppeal from a High Court order dismissing an appeal and setting a deadline for prosecution of the appealCoramHON. C.K. NZILI, Kiruai, Kaume
The application is dismissed with costs as the delay in filing the application is not sufficient cause for the court to restore the appeal for hearing.
Facts
The appellants filed an appeal against a High Court order dismissing their case. The appeal was dismissed twice previously, and the appellants filed and were allowed two applications for extension of time. The appellants now seek to set aside the dismissal and reinstate the appeal.
Issues
- Whether the appellants have shown sufficient cause to set aside the dismissal and reinstate the appeal
- Whether the court has the power to extend the time for prosecution of the appeal
Reasoning
The court dismissed the application, stating that the appellants' delay in filing the application was not sufficient cause and that the court had been aware of the appellants' duty to file the application during the High Court vacation.
Outcome
The application is dismissed.
Orders
- The application is dismissed with costs.
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