Mangi & 2 others v Estate of Hamisi Mwinyikai Ramadhal alias Khamisi Mwinyikai (Deceased) & 7 others (Civil Application E009 of 2020) [2021] KECA 1088 (KLR) (3 December 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 1088
- Citation
- [2021] KECA 1088 (KLR)
- Decided
- 3 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appealCoramS. GATEMBU KAIRU, SG KAIRU
Holding
The application is allowed, and the applicants shall file and serve the memorandum of appeal and record of appeal within 45 days of delivery of this ruling.
Facts
The applicants failed to file the memorandum and record of appeal within the prescribed time due to the omission of crucial documents. They sought an extension of time to file the appeal.
Issues
- Whether the applicants are deserving of an extension of time to file the appeal
- Whether the applicants have a valid claim for adverse possession
Reasoning
The court found the delay satisfactorily explained and not inordinate, considering the applicants' explanation and the circumstances.
Outcome
The application is granted.
Orders
- The applicants shall file and serve the memorandum of appeal and record of appeal within 45 days of delivery of this ruling
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat vs. IEBC & 7 others, Supreme Court Application No. 16 of 2014[2014] eKLR
- Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi, Civil Application No. Nai 255 of 1997 [1999] 2 EA 23
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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