Gathuma & another v Hinga (Civil Appeal (Application) 259 of 2020) [2022] KECA 530 (KLR) (28 April 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 530
- Citation
- [2022] KECA 530 (KLR)
- Decided
- 28 April 2022
The Court allows the application for extension of time and extends the time to apply to strike out the record of appeal, deeming it as filed within time.
Facts
The respondent, Anne Mumbi Hinga, filed a suit against the applicants, William Mwangi Gathuma and Janet Wanjiku Mwangi, in the Environment and Land Court. The suit was dismissed, and the respondent subsequently filed an appeal. The applicants discovered the appeal and filed an application to strike it out, but were out of time. The applicants also claimed the appeal was filed out of time without leave.
Issues
- Whether the applicants can extend the time to apply to strike out the record of appeal.
- Whether the record of appeal should be struck out if the extension of time is granted.
Reasoning
The Court exercised its discretion to extend the time for the applicants to apply to strike out the record of appeal due to the peculiar circumstances and the explanation provided by the applicants.
Outcome
The application for extension of time is granted.
Orders
- Extend time to apply to strike out the record of appeal.
- Deem the application to strike out the record of appeal as filed within time.
Remedies
- Extension of time to apply to strike out the record of appeal.
Authorities cited
Cases cited (2)
- Fakir Mohamed v. Joseph Mugambi & 2 Others, CA No. Nai. 332 of 2004
- Sila Mutiso v. Rose Hellen Wangari Mwangi, Civil Application No. Nai. 255 of 1997
Loading judgment…