Ndirangu & 3 others v Kariuki (Civil Appeal (Application) E552 of 2021) [2022] KECA 392 (KLR) (4 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 392
- Citation
- [2022] KECA 392 (KLR)
- Decided
- 4 March 2022
The application is dismissed with costs to the respondent
Facts
The applicants sought an extension of time to file a memorandum of appeal due to the restriction of movement imposed by the government during the Covid-19 pandemic. They were unable to travel to Nairobi to file the appeal due to their lack of technological skills. The respondent opposed the application, stating that the notice of appeal had not been served and that the applicants had been lawfully evicted from the disputed land.
Issues
- Whether the applicants have a valid reason for the delay in filing the appeal
- Whether the applicants have shown that they were incapable of filing the appeal in time
Reasoning
The applicants did not provide evidence of payment for the proceedings and did not show that they were incapable of filing the appeal in time. The eviction of the applicants from the disputed land also casts doubt on the success of their intended appeal.
Outcome
Application dismissed
Loading judgment…