Tabitha Kanini Maingi & 3 others v Ann Nkirote Kubai & another [2018] KECA 511 (KLR)

Facts

The applicants and respondents are family members. The respondents moved the Family Division of the High Court to appoint themselves as interim manager and guardian of their father, who was suffering from mental disorder. The High Court granted orders including appointing the 2nd respondent as interim manager and guardian, and prohibiting the applicants from securing or dissipating the assets and income of the subject.

Issues

1. Whether the applicants can extend the time to lodge a notice of appeal out of time
2. Whether the applicants can set aside ex-parte orders

Reasoning

The court considered the relevant factors such as the period of delay, the chances of the appeal succeeding, the degree of prejudice to the respondent, and the importance of compliance with time limits. The court sympathized with the applicants but found no reasonable explanation for the delay and the orders of the High Court have not been set aside.

Outcome

Application dismissed

Authorities cited