ESTHER NZEMBI MUNYASYA vs DANIEL MWENGEA MUKOLO [2001] KEHC 440 (KLR)
- Court
- High Court of Kenya
- Case number
- 440
- Citation
- [2001] KEHC 440 (KLR)
The application is disallowed as no explanation was given for the delay in applying for enlargement of time to appeal or in prosecuting the application. The applicant was also not diligent in serving the application on the respondent.
Facts
The decision to be appealed was delivered on 15.9.98, and the applicant had 30 days until 15.10.98 to appeal. The proceedings were applied for orally after the judgement, followed by a letter and due deposit, which were availed on 13.11.98, making it 28 days out of time. The application was filed on 24.11.98, another 11 days later.
Issues
- Whether the applicant has the right to appeal out of time
- Whether the delay in appealing was due to the lower court's delay in supplying certified proceedings
- Whether the delay in prosecuting the application prejudiced the respondent
Reasoning
The court found that the applicant did not provide a valid reason for the delay in applying for enlargement of time to appeal and in prosecuting the application. The court also noted that the delay in serving the application on the respondent was not justified.
Outcome
Disallowed
Orders
- The application is refused with costs
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