Mwirichia & another (Civil Appeal 55 of 2020) [2022] KEHC 600 (KLR) (26 May 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 600
- Citation
- [2022] KEHC 600 (KLR)
- Decided
- 26 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to dismiss the appeal for want of prosecution, while Respondent seeks dismissal of the appeal.CoramJM NGUGI, Kamau, Ngetich
Holding
The appeal is dismissed for want of prosecution.
Facts
The Appellant failed to file an appeal within the stipulated 7 days and only filed the Memorandum of Appeal nine days after the order. The Appellant had the Memorandum of Appeal since November 2019.
Issues
- Whether the Appellant's failure to file the appeal within the stipulated time is want of prosecution.
- Whether the delay in filing the appeal is prolonged and inexcusable, and justice can be done despite the delay.
Reasoning
The Appellant's explanation for the delay is plausible, and the delay is not prolonged and inexcusable. The Court exercises its discretion to allow the appeal to be heard on its merits.
Outcome
The appeal is dismissed.
Orders
- The application is dismissed.
- Directions on the hearing of the appeal are given.
- Costs are awarded to the Respondent.
Authorities cited
Cases cited (1)
- Pinpoint Solutions Limited and another v Lucy Waithegeni Wanderi (as the Legal Administrator of the Estate of James Nyanga Muchangi) [2020] 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.
Loading judgment…