SAMUEL KIONGO NDEGWA v NATIONAL BANK OF KENYA & 2 others [2008] KEHC 704 (KLR)
- Court
- High Court of Kenya
- Case number
- 704
- Citation
- [2008] KEHC 704 (KLR)
- Decided
- 16 October 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a subordinate court rulingCoramMARY KASANGO
Holding
The appeal is dismissed with costs to all respondents
Facts
The appellant filed an appeal 33 days after the ruling was delivered, which was beyond the 30-day period stipulated by Section 79G of the Civil Procedure Act.
Issues
- Whether the appellant's appeal was filed within the prescribed time frame
- Whether the appellant had good and sufficient cause for not filing the appeal in time
Reasoning
The appellant did not file the application for leave to appeal out of time and filed the appeal 33 days after the ruling was delivered, which makes the appeal out of time.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs to all respondents
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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