Chai Lwambi Mwalambe (suing as Legal Representative of the Estate of Lwambi Mwalambe Beponda) v District Land Registrar & 4 others; Said & 6 others (Interested Parties) (Civil Appeal (Application) E069 of 2021) [2022] KECA 549 (KLR) (6 May 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 549
- Citation
- [2022] KECA 549 (KLR)
- Decided
- 6 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureAppellant seeks extension of time to file record of appealCoramP. NYAMWEYA
Holding
The Appellant's Notice of Motion application is merited and allowed with the terms of the orders
Facts
The Appellant claims the suit property was registered in his deceased grandfather's name, but the 1st to 5th Respondents claim it was allotted to and occupied by them. The Interested Parties claim lawful ownership.
Issues
- Whether the Appellant's Notice of Appeal was filed within the prescribed time frame
- Whether the delay in filing the record of appeal was excusable due to the Covid-19 pandemic and the nature of the claim involving historical injustices
Reasoning
The Court finds the delay excusable due to the pandemic and the Appellant's mitigating efforts. The balance tilts in favour of the Appellant.
Outcome
The Appellant is granted extension of time to file and serve its record of appeal
Orders
- Extension of time to file and serve record of appeal
- Deemed proper filing of the record of appeal on 4th October 2021
- Appellant to meet costs of the application
Authorities cited
Cases cited (2)
- Charo vs. Mwashetani & 103 Others (2014)eKLR
- Nicholas Kiptoo Arap Korir Salat vs Independent Electoral and Boundaries Commissions & 7 others [2014] eKLR
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.
Loading judgment…