PETER NDUNGU GITAU V LEAH WARUCHU WAWERU [2008] KEHC 2776 (KLR)
- Court
- High Court of Kenya
- Case number
- 2776
- Citation
- [2008] KEHC 2776 (KLR)
- Decided
- 18 April 2008
AI Summary
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TypeMiscellaneous ApplicationPostureApplication for leave to appeal out of timeCoramH. P. G. WAWERU
Holding
The application is dismissed with costs as the applicant did not provide good and sufficient cause for the delay in filing the appeal.
Facts
The applicant (defendant) sought mesne profits in respect to two plots of land, L.R. Nos. LIMURU/KAMIRITHU/T. 791 and LIMURU/KAMIRITHU/T.538/3, previously belonging to the applicant. The lower court awarded the plaintiff (respondent) KShs. 255,000 in mesne profits.
Issues
- Delay in filing the appeal
- Cause of delay
- Good faith of the application
Reasoning
The lower court's order was given on 18th March, 2004, and the ex parte decree was passed on 23rd April, 2004. The applicant was supplied with a certificate of delay on 31st August, 2004, which excluded 109 days from the 30-day period to file the appeal. The court found no good and sufficient cause for the delay.
Outcome
Dismissed
Orders
- Application dismissed with costs
Authorities cited
Legislation (1)
- Civil Procedure Act, Cap 21
Cases cited (1)
- PATEL –vs- WAWERU & 2 OTHERS, [2003] KLR 361
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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