Alexander Munene R. Nguu & 2 others v Njue M’Tetu & 3 others [2013] KEHC 2108 (KLR)
- Court
- High Court of Kenya
- Case number
- 2108
- Citation
- [2013] KEHC 2108 (KLR)
- Decided
- 1 October 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to file defence out of timeCoramB.N. Olao
Holding
The application is dismissed with costs.
Facts
The 1st, 2nd, and 3rd defendants filed their memorandum of appearance on 26th June 2012 and were required to file their defence within 14 days. They claimed they were engaged in preparing affidavits and submissions for an application under a certificate of urgency.
Issues
- Whether the 1st, 2nd, and 3rd defendants have displayed a great degree of indolence in failing to file their defence on time.
- Whether the court has the power to extend time in which an act is to be done under the inherent jurisdiction of the Civil Procedure Act.
Reasoning
The defendants failed to file their defence within the stipulated time due to their alleged busy schedule with an application under a certificate of urgency. The court found no reason to extend the time limit and dismissed the application.
Outcome
Application dismissed with costs
Orders
- Application for leave to file defence out of time dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- 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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