Kihara Muttuu v M'mugambi M'mbogori [2015] KEHC 1112 (KLR)
- Court
- High Court of Kenya
- Case number
- 1112
- Citation
- [2015] KEHC 1112 (KLR)
- Decided
- 5 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment and ordersCoramJustice
Holding
The application is dismissed. Costs are awarded to the plaintiff.
Facts
The plaintiff, Kihara Muttuu, sought orders to extend the time for filing an appeal against the judgment and orders issued by the court, and to set aside the judgment and orders pending the outcome of the intended appeal.
Issues
- Whether the time for filing an appeal has lapsed due to the registrar's delay in preparing and releasing copies of proceedings, judgment, and order.
- Whether the defendant's delay in filing an appeal was justified and whether the court should grant an extension of time.
- Whether the plaintiff's application to set aside the judgment and orders was valid and whether the court should dismiss the application.
Reasoning
The court finds the application not meritorious and dismisses it, citing the plaintiff's failure to follow the proper procedure for appealing out of time and the lack of a valid defense in the suit.
Outcome
The application is dismissed.
Orders
- The time for filing an appeal against the judgment and orders issued by the court be extended.
- The Judgment delivered on 1st July, 2014 and the Orders be set aside pending the outcome of the intended appeal.
- The costs of this application be in the cause.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Court of Appeal Rules
- Civil Procedure Rules
Cases cited (6)
- Githera Versus Kimungu
- Kenya Commercial Bank Limited Versus Kenya Planters Co-operative Union
- M'Arimba Versus Joseph Kajuki
- Philip Chemwolo & Another Versus Angustine Kubende
- Order 9 Rule 9 of the Civil Procedure Rules
- Order 43 Rule 1 of the 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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