Kenya National Highways Authoritiy v Peter Njiru Mugeki [2017] KEHC 3118 (KLR)
- Court
- High Court of Kenya
- Case number
- 3118
- Citation
- [2017] KEHC 3118 (KLR)
- Decided
- 5 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks leave to appeal against the decision of the Resident Magistrate out of timeCoramF. MUCHEMI
Holding
The application is dismissed with costs
Facts
The applicant failed to file an appeal within the prescribed period due to delay in obtaining typed proceedings, which were not ready on time because the file was inaccessible in the judge's chambers.
Issues
- Whether the applicant has shown that the delay in filing the appeal was not inordinate
- Whether the appeal has a reasonable chance of success
Reasoning
The applicant failed to explain the delay of two months after the proceedings were supplied, and the delay is considered inordinate and unjustified.
Outcome
Dismissed
Orders
- The application is dismissed with costs
Authorities cited
Cases cited (1)
- DAVID KARANJA VS GULZAR JURJI H.C. Nairobi Civil Application No. 48 of 1983
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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