GEOFFREY NGATU GITHETHUKI v ALEX MURIITHI KANGANGI [2012] KEHC 3790 (KLR)
- Court
- High Court of Kenya
- Case number
- 3790
- Citation
- [2012] KEHC 3790 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for enlargement of time to file an appealCoramH.I. ONG’UDI
Holding
Application is incompetent and is struck out with costs.
Facts
The Plaintiff applied for enlargement of time to file an appeal against the ruling of the Senior Resident Magistrate Wanguru dated 25/1/2011.
Issues
- Application for enlargement of time to file an appeal
- Leave to file appeal before the trial court
Reasoning
The court found no evidence of leave to file appeal having been sought before the trial court. The order being appealed from is not one of those covered under Order 43 Civil Procedure Rules.
Outcome
Struck out with costs
Orders
- Application is incompetent and is struck out with costs
Authorities cited
Legislation (3)
- Order 50 rule 6
- Order 51 rule 1 Civil Procedure rules
- Order 43 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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