Mkapa Magea v Jawa Nyundo [2013] KEHC 2100 (KLR)
- Court
- High Court of Kenya
- Case number
- 2100
- Citation
- [2013] KEHC 2100 (KLR)
- Decided
- 4 October 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureReinstatement of an application to file an appeal out of timeCoramMARY KASANGO
Holding
The application is reinstated for hearing before the Land Division of the court
Facts
The applicant, Mkapa Magea, filed an application to file an appeal out of time against the Judgment of Kwale Magistrate's Court. He was not present at the hearing on 5th August 2013 due to distance and travel inconvenience.
Issues
- Whether the applicant's failure to attend the hearing was due to inordinate delay
- Whether the applicant's reasons for non-attendance are acceptable and excusable
Reasoning
The judge found that the applicant's reasons for non-attendance were acceptable and excusable, and set aside the dismissal of the application dated 8th July 2013.
Outcome
Reinstatement of the application
Orders
- The application of 8th July 2013 is reinstated for hearing before the Land Division of this Court
Authorities cited
Cases cited (1)
- CHEMWOLO -VS- KUBENDE (1982-88)I KAR
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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