Cliff R. Ndirangu & another v Dominic Njoroge Ngugi [2019] KEHC 8370 (KLR)
- Court
- High Court of Kenya
- Case number
- 8370
- Citation
- [2019] KEHC 8370 (KLR)
- Decided
- 5 April 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the dismissal of an appealCoramC. MEOLI
Holding
The motion for the reinstatement of the appeal is dismissed with costs
Facts
The appellants failed to prosecute their appeal for five years, despite being granted a chance to do so on May 17, 2017. They filed a motion seeking the reinstatement of the appeal on July 3, 2018, claiming that their counsel was prevented from attending the court due to foul weather and traffic congestion.
Issues
- Whether the appellants are entitled to the reinstatement of their appeal
- Whether the appellants' counsel's absence was justified
Reasoning
The court found that the appellants were tardy in bringing the appeal and did not provide a proper explanation for their delay. The court also found that the counsel's explanation for his absence was not credible.
Outcome
Appeal dismissed
Orders
- The motion for the reinstatement of the appeal is dismissed with costs
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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