“"inordinate delay"” — court decisions

Judgment[1994] KECA 938 November 1994

Ngororo v Ndutha & another

Court of Appeal at NairobiJustice,JUDGE APPEALCase number Civil Appeal 55 of 1986

Division and case type: CivilCivil Appeal

…The inordinate delay in the filing of the application for review. 3. Absence of any sufficient grounds.…

…With regard to the question of the locus standi and the inordinate delay it was apparent that Mr Gaturu during his eloquent submissions on these two issues had completely overlooked the fact that on 31st July, 1984, Mr Mutungi…

7 min read

Judgment[1997] KECA 32913 May 1997

EDWARD RIITHO & 3 OTHERS v EDWARD RIITHO

Court of Appeal at NairobiAluoch,JUDGE APPEAL,Akhaabi

Division and case type: GeneralUnclassified

…Akhaabi has conceded and, rightly in my view, that there has been inordinate delay.…

…On the material before me, I find that there has been inordinate delay which has not been sufficiently or satisfactorily accounted for.…

3 min read

Judgment[2000] KECA 1342 July 2000

A-D AVIATION (AIRCHARTER) LIMITED v s INTERNATIONAL AIRBOATS LIMITED

Court of Appeal at NairobiJUDGE APPEALCivil Appeal NO. 291 of 1998

Division and case type: CivilCivil Appeal

…Clearly there was no inordinate delay on the part of the applicant in making its present application.…

1 min read

Judgment[1994] KECA 5816 November 1994

Fredrick G K Waithaka v Thuo Kamau & another

Court of Appeal at NairobiMbito,JUDGE APPEAL

Division and case type: GeneralUnclassified

…It is common ground that there has been an inordinate delay of well nigh three years in instituting the appeal. The fact of the delay has been placed squarely at the door of the applicant's counsel.…

1 min read

Judgment[1997] KECA 31110 June 1997

LUCY NYAMBURA RITHO & ANOTHER v PUBLIC TRUSTEE & ANOTHER

Court of Appeal at NairobiGithinji,JUDGE APPEAL,Amuga

Division and case type: GeneralUnclassified

…No explanation or record has been given from this inordinate delay. The application fails and is dismissed with costs. Dated and delivered at Nairobi this 11th day of June, 1997. A.A. LAKHA .................…

application failsDismissed1 min read

Judgment[1999] KECA 14113 October 1999

FRANCIS KIHONGE NG'ANG'A v KENYA COMMERCIAL FINANCE COMPANY LIMITED

Court of Appeal at NairobiOle,JUDGE APPEAL,Ngugi

Division and case type: GeneralUnclassified

…Nor do I think, having regard to the inordinate delay already occasioned, that this is a fit and proper case for the exercise of my discretion which I decline to exercise.…

2 min read

Judgment[1997] KECA 22323 June 1997

B. MAINA AND COMPANY LIMITED v MOMBASA DEVELOPMENT LIMITED & 2 OTHERS

Court of Appeal at NairobiJUDGE APPEAL,M. MbogholiCivil Appeal 54 of 2020

Division and case type: CivilCivil Appeal

…It has not been guilty of laches or of any inordinate delay. Realising that service might be defective it vehemently and extensively tracked the first respondent's managing director to his residence. Despite Mr.…

3 min read

Judgment[1984] KECA 156 March 1984

Gichuki v Nangurai

Court of Appeal at Nairobigrant of the applicationCase number Civil Application 25 of 1983

Division and case type: CivilCivil Suit

…given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme Court, the mistake of a legal adviser could amount to sufficient cause, though in that case there was held to be no mistake but merely inordinate…

…delay, a factor which weighed with the court in Gachau v Karau (supra).…

Application dismissedDismissed10 min read

Judgment[1984] KECA 515 March 1984

Samuel Mbugua Githere v Kimungu

Court of Appeal at NairobiJUDGE APPEAL,Martin Mati Muya,judge High CourtCase number Civil Application 56 of 1983

Division and case type: CivilCivil Case

…delay, a factor which weighed with the court in Gachau v Karau (supra).…

10 min read