Paul Njage Njeru v Karija K Mugambi [2021] KEHC 760 (KLR)
- Court
- High Court of Kenya
- Case number
- 760
- Citation
- [2021] KEHC 760 (KLR)
- Decided
- 17 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for leave to appeal out of time
Holding
The court denies the application for leave to appeal out of time.
Facts
The applicant was out of the country and out of touch with his advocate when the judgment was delivered on 17 May 2018. He claims he was unable to raise legal fees and disbursements to lodge the appeal.
Issues
- Whether the applicant has good and sufficient cause for not filing the appeal in time
- Whether the delay in filing the appeal is inordinate and unexplained
Reasoning
The court finds the delay of one and a half years inordinate and unexplained, and the applicant has not provided sufficient evidence to support his claims.
Outcome
Application denied
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Omar Shurie Vs Marian Rashe Yafar (Civil Application No. 107 of 2020)
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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