Benson Mugo Kinyua v Peter Muriuki Kinyua [2014] KEHC 6824 (KLR)
- Court
- High Court of Kenya
- Case number
- 6824
- Citation
- [2014] KEHC 6824 (KLR)
- Decided
- 14 February 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to file an appeal out of timeCoramJ.W Onyango Otieno
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant, Benson Mugo Kinyua, sought leave to file an appeal out of time against a judgment delivered in his absence. He instructed a new firm of advocates and obtained copies of the judgment and proceedings. The respondent, Peter Muriuki Kinyua, opposed the application.
Issues
- Whether the application is fatally defective for want of form?
- Whether the respondent has made up a case for granting of the order sought.
Reasoning
The court found the application to be fatally defective for want of form due to the lack of a commissioned affidavit and the applicant's failure to provide evidence of the delay and the circumstances surrounding the delivery of the judgment.
Outcome
Dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (1)
- Dickson Ndegwa Mbugua v. City Council of Nairobi & 3 others Civil Application No.112 of 2009 (2010) eKLR
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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