Samson Murungi Mungania v Centenary Sacco Society Ltd & another [2021] KEHC 4055 (KLR)
- Court
- High Court of Kenya
- Case number
- 4055
- Citation
- [2021] KEHC 4055 (KLR)
- Decided
- 17 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for leave to file an appeal out of time and stay of executionCoramPATRICK J.O. OTIENO
Holding
The application is dismissed with costs
Facts
The applicant sought leave to file an appeal out of time and stay of execution against a decision in Nairobi Cooperative Tribunal case No.104/2017, but failed to file the appeal within the stipulated time.
Issues
- Whether the applicant's delay in filing the appeal was intentional
- Whether the applicant has met the pre-conditions for grant of leave to file an appeal out of time
Reasoning
The court found that the applicant failed to file the appeal within the stipulated time and did not provide a valid explanation for the delay.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Limitation of Actions Act
Cases cited (2)
- Elena Doudoladova Korir v Kenyatta University (2014)eKLR
- Congress Rental South Africa v Kenyatta International Convention Centre and Co-operative Bank of Kenya Limited & anor(2019)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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