BOG Dr. Aloo Gumbi Mixed Sececondary School v EJA [2020] KEHC 2344 (KLR)
- Court
- High Court of Kenya
- Case number
- 2344
- Citation
- [2020] KEHC 2344 (KLR)
- Decided
- 23 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks to extend time to file an appealCoramT.W. CHERERE
Holding
The application for extension of time to file an appeal is dismissed with costs to the Respondent
Facts
The trial court entered judgment in favor of the Respondent on 23.10.19. The Applicant filed an application for extension of time to file an appeal on 07.07.2020, 8 months after the time limit for filing an appeal had expired.
Issues
- Whether the Applicant is entitled to an extension of time to file an appeal
- Whether the delay in filing the appeal is justified
Reasoning
The court found the delay to be overly inordinate and not explained, and the Applicant was not well aware of the judgment on the date it was delivered.
Outcome
Appeal dismissed
Orders
- Application for extension of time to file an appeal dismissed
Remedies
- Costs to the Respondent
Authorities cited
Legislation (4)
- Section 95 of the Act
- Order 50 of the Civil Procedure Rules
- Civil Procedure Act Cap 21 Laws of Kenya
- Section 79G of the Civil Procedure Act
Cases cited (4)
- Eliud Buku Thuku v Beatrice Wambui Mwangi [2013] eKLR
- Mutiso v Mwangi [1997] KLR 630
- Simon Thuo Mwangi v Unga Feeds Limited [2015] eKLR
- Esther Waimaitha Njihia & Others Vs. Safaricom Ltd (2014) 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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