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KIKUYU TOWNSHIP JUA KALI ARTISANS v DANIEL N. NG’ANG’A & 3 others [2004] KEHC 152 (KLR)

[2004] KEHC 152 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
152
Citation
[2004] KEHC 152 (KLR)
Decided
17 November 2004
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to file appeal out of timeCoramALNASHIR VISRAM
Holding

The application is dismissed with costs to the respondents.

Facts

The applicants failed to file their memorandum of appeal within the statutory time limit due to the loss of the lower court's file and their anticipation of lower court proceedings.

Issues

  1. Whether the applicants are entitled to the discretion to file an appeal out of time
  2. Whether the applicants had good and sufficient cause for not filing the appeal in time

Reasoning

The court found that the applicants did not show good and sufficient cause for not filing the appeal in time, despite the loss of the lower court's file and their anticipation of lower court proceedings.

Outcome

Dismissed

Orders

  • Application dismissed with costs to the respondents
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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