Kenya Power & Lighting Co. Ltd v Geoffrey Nyang’au Marita [2014] KEHC 339 (KLR)
- Court
- High Court of Kenya
- Case number
- 339
- Citation
- [2014] KEHC 339 (KLR)
- Decided
- 1 December 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to dismiss the appeal and order release of decretal sumCoramC.B. Nagillah
Holding
The appeal is dismissed with costs, and the decretal sum is released to the respondent.
Facts
Appellant filed an appeal against a judgment dated 7 February 2013, but filed the appeal on 5 April 2013, which was out of time. The appellant claimed he believed the judgment was dated 7 March 2013.
Issues
- Whether the appeal was filed out of time
- Whether the appellant had good cause for filing the appeal out of time
Reasoning
The judgment was dated 7 February 2013, and the appellant filed the appeal on 5 April 2013, which was out of time. The appellant's belief that the judgment was dated 7 March 2013 was not supported by evidence and was not good cause for filing the appeal out of time.
Outcome
Appeal dismissed
Orders
- Dismissal of the appeal
- Release of the decretal sum in the joint account of the respondent
Remedies
- Costs to the respondent
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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