KARURI ALIAS KIURA NGUITUI v WANGARWE GATUGI [2007] KEHC 2294 (KLR)
- Court
- High Court of Kenya
- Case number
- 2294
- Citation
- [2007] KEHC 2294 (KLR)
- Decided
- 6 July 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to extend time for appealCoramMARY KASANGO
Holding
The application is struck out for being in contravention of Order L Rule 3 of the Civil Procedure Rules.
Facts
The appellant, Karuri Elias Kiura Nguitui, seeks an order to extend time for appeal against a ruling of Kerugoya PM LDT NO. 18 of 1988. The respondent, Wangarwe Gatugi, opposes the application.
Issues
- Whether the Notice of Motion is incompetent for failing to state the grounds upon which it is based.
- Whether the application should be struck out for being in contravention of Order L Rule 3 of the Civil Procedure Rules.
Reasoning
The court found that the Notice of Motion fails to state the grounds upon which it is based, and that the application should be struck out to avoid res judicata.
Outcome
The application is struck out with costs to the respondent.
Orders
- Application struck out
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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