Morrison M'tetu v James Irerinjagi & Grace Wanjikukanyiba [2016] KEHC 7210 (KLR)
- Court
- High Court of Kenya
- Case number
- 7210
- Citation
- [2016] KEHC 7210 (KLR)
- Decided
- 21 January 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureLeave to appeal out of timeCoramOmolo
Holding
The court denied the applicant's request for leave to appeal out of time, finding that the applicant did not provide a bona fide, good and sufficient reason for the delay.
Facts
The applicant, Morrison M'tetu, intended to appeal a judgment but voluntarily entered into negotiations to compromise the appeal. The negotiations did not yield fruit, and the applicant sought leave to appeal out of time.
Issues
- Whether the applicant has shown good and sufficient cause for not filing the appeal in time
- Whether the delay in filing the appeal is inordinate or excusable
Reasoning
The court exercised its discretion to deny the extension of time, considering the amount of delay, the reasons for the delay, the bona fides of the reasons given, the prospects of the appeal, and the degree of prejudice to the respondent if the application is granted.
Outcome
Denied
Authorities cited
Legislation (2)
- Civil Procedure Act
- Court of Appeal Rules
Cases cited (1)
- Reliance Bank Ltd (In Liquidation) v Southern Credit Limited
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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