Benedicto Angweye Lusichi v Alfred Shimila Manyonge [2014] KEHC 2178 (KLR)
- Court
- High Court of Kenya
- Case number
- 2178
- Citation
- [2014] KEHC 2178 (KLR)
- Decided
- 30 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks leave to file an appeal out of time and reinstate a previously struck out appeal.CoramE. C. MWITA
Holding
The application is dismissed with costs.
Facts
The applicant, Benedicto Angweye Lusichi, appealed to the Provincial Appeals Committee and then to the High Court, but both appeals were struck out due to being filed out of time. The applicant now seeks leave to file an appeal out of time.
Issues
- Whether the applicant should be granted leave to file an appeal out of time
- Whether the applicant's delay in filing the application is justified
Reasoning
The court found the delay in filing the application to be inordinate and inexcusable, and the applicant did not provide a valid explanation for the delay. The court also noted that the applicant's former advocate was blamed for the initial delay, but the applicant himself took almost one year to file the current application.
Outcome
Dismissed with costs
Orders
- Application dismissed
Authorities cited
Cases cited (1)
- Gachau & Another –vs- Pioneer Holdings (A) Ltd. & Another [2008] KLR 315
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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