John Muchiri Nderitu & another v Mary Wanjiu Gitu [2021] KEHC 3259 (KLR)
- Court
- High Court of Kenya
- Case number
- 3259
- Citation
- [2021] KEHC 3259 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a dismissal orderCoramWendoh
Holding
The appeal is dismissed as the applicants failed to comply with the court order to file the record of appeal within the required time.
Facts
The applicants failed to file a record of appeal within the required 90 days, leading to the appeal being automatically dismissed. They now seek to set aside the stay of the decree and dismissal order.
Issues
- Whether the application is meritorious
- What order should be made regarding costs
Reasoning
The court found that the applicants had not given any reasons for the delay in filing the record of appeal and that the delay was not excusable. The court agreed with the respondent that the applicants had not complied with the court order.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed
- The stay of the decree is not set aside
- The dismissal order is not set aside
Authorities cited
Cases cited (3)
- Phillip Chemwolo & Another v Augustine Kubede [1982-88] KLR 103
- Bank of Africa Kenya Limited v Put Sarajevo General Engineering Co. Ltd & 2 Others [2018] eKLR
- Andrian Kamotho Njenga v Cabinet Secretary, Ministry of Information, Communication & Technology & 8 Others [2017] 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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