Omondi Waweru & Company Advocates v Oddiaga (Civil Appeal 83 of 2022) [2024] KEHC 164 (KLR) (19 January 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 164
- Citation
- [2024] KEHC 164 (KLR)
- Decided
- 19 January 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a subordinate court rulingCoramM THANDE
Holding
The application is dismissed with costs to the respondent due to the unexplained delay in filing the appeal and application.
Facts
The appellant, Omondi Waweru & Company Advocates, seeks to appeal a ruling from a subordinate court dated 18.6.21, but filed the appeal memorandum on 9.6.22, 12 months later. The respondent, Stephen Oddiaga, opposes the appeal.
Issues
- Whether the court should grant leave to appeal out of time
- Whether the court should grant a stay of execution pending appeal
Reasoning
The court found that the applicant failed to explain the inordinate delay in filing the appeal and application, and that the delay was inexcusable.
Outcome
Appeal dismissed
Orders
- Application dismissed with costs
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
- Mombasa County Government v Kenya Ferry Services & another [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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