Gichehia v Griffiths (Civil Appeal 42 of 2018) [2022] KEHC 17147 (KLR) (19 December 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 17147
- Citation
- [2022] KEHC 17147 (KLR)
- Decided
- 19 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment dismissing the appealCoramGL NZIOKA
Holding
The court dismisses the appeal with costs, but allows the appellant seven days to file and serve a record of appeal.
Facts
The appellant filed a memorandum of appeal on August 16, 2018, but no record of appeal was filed. The appellant has been having challenges with previous counsel and has now instructed a new counsel who requires seven days to file and serve a complete record of appeal.
Issues
- Whether the appellant has set the matter down for hearing for a long time
- Whether the appellant has been given sufficient opportunities to file a record of appeal
Reasoning
The matter has been in abeyance for over four years, and the appellant has been given multiple opportunities to file a record of appeal but has failed to do so.
Outcome
Appeal dismissed with costs
Orders
- Allowing the appellant seven days to file and serve a record of appeal
Remedies
- Costs to the respondent
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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