Ilaru v Wanjala (Civil Application 142 of 2021) [2022] KECA 470 (KLR) (11 March 2022) (Ruling)

Facts

The applicant, George Okimaru Ilaru, seeks to extend the time to file an appeal against a ruling and order made by Justice Mukunya on 29th May 2012 in Bungoma High Court Civil Suit No. 128 of 1994. The suit was dismissed for want of prosecution on 28th March 2017. The applicant applied to be substituted as the plaintiff in place of his deceased brother, Andrew Iraru Abella, and subsequently applied for an extension of time to file an appeal.

Issues

1. Whether the applicant can extend the time to file an appeal against the ruling and order of Justice Mukunya
2. Whether the applicant's delay in seeking an extension of time is justified

Reasoning

The court finds the applicant's delay in seeking an extension of time to be unexplained and inordinate, despite the applicant's claim of financial inability. The court also notes the applicant's dilatory conduct in seeking an extension of time in the Environment and Land Court (ELC).

Outcome

The application for extension of time to file an appeal is dismissed.

Authorities cited