Urbanus Muinde Mutuku v Daniel Mbithuka Mbinda [2020] KECA 532 (KLR)

Facts

The applicant, Urbanus Muinde Mutuku, seeks an order for extension of time to file an appeal against the High Court's ruling dismissing his protest against the respondent's appointment as administrator of the estate of Dominic Mutuku Mwole, deceased. The High Court also ordered rectification of the confirmed Grant to reflect the correct acreage of the property.

Issues

1. Whether the applicant's application for extension of time to file an appeal should be granted.
2. Whether the applicant's delay in filing the notice of appeal was deliberate.

Reasoning

The court considers the applicant's explanation of the delay and the circumstances surrounding the delivery of the ruling, finding that the delay was not deliberate and that the applicant had valid reasons for the delay.

Outcome

The application for extension of time to file the notice of appeal is granted.