DELMONTE LIMITED vs EDWARD JUMBA [2002] KEHC 893 (KLR)
- Court
- High Court of Kenya
- Case number
- 893
- Citation
- [2002] KEHC 893 (KLR)
- Decided
- 26 September 2002
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks leave to file appeal out of timeCoramD.K.S. AGANYANYA
Holding
The application for leave to appeal out of time is dismissed due to delay.
Facts
Appellant was granted leave to file appeal within 30 days on 21st February 2002, but did not file the appeal. The respondent applied for setting aside an order of stay of execution on 27th September 2001, and the appellant filed the appeal on 27th March 2002.
Issues
- Was it necessary for the appellant to wait for the respondent to finalize the application for setting aside an order of stay of execution before filing the appeal?
- Whether the application for stay of execution in the lower court had any bearing on the application for leave to appeal out of time.
Reasoning
The court considered the length of the delay, the reason for the delay, and the degree of prejudice to the respondent. The court found no satisfactory explanation for the delay and dismissed the application.
Outcome
Application dismissed with costs
Orders
- Application for leave to appeal out of time dismissed
Authorities cited
Cases cited (1)
- RAVASHADE V LANE
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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