ERICK GITONGA v LUKA GITARI M’ABETA & 2 Others [2007] KEHC 181 (KLR)
- Court
- High Court of Kenya
- Case number
- 181
- Citation
- [2007] KEHC 181 (KLR)
- Decided
- 11 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks leave to file an appeal out of time.CoramW. OUKO
Holding
The application is dismissed as the applicant is found guilty of inordinate and unexplained delay.
Facts
The applicant is seeking leave to file an appeal against a decision in CMCC No.319 of 2003 out of time due to the late supply of certified copies of the proceedings and judgment by the court.
Issues
- Whether the applicant has a good and sufficient cause for not filing the appeal within the prescribed period.
- Whether the court's delay in supplying the certified copies was sufficient to justify the applicant's delay in filing the appeal.
Reasoning
The court ruled that the applicant's delay of over five months was not sufficiently explained, and the court's delay in supplying the certified copies was within the prescribed period.
Outcome
Application dismissed.
Orders
- Application dismissed.
- No orders as to costs.
Authorities cited
Legislation (1)
- Civil Procedure Act
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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