Chege v Maina (Civil Application 39 of 2018) [2022] KECA 62 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 62
- Citation
- [2022] KECA 62 (KLR)
- Decided
- 4 February 2022
The court extended time for the applicant to file the Notice of appeal, finding that the reason for the delay was adequately explained and that the likelihood of success was not demonstrated.
Facts
The applicant, John Maina Chege, sought to extend time to file a Notice of appeal against a judgment of the Environment and Land Court, delivered on 8th March 2018. The respondent, Beth Waithera Maina, had filed a suit seeking to determine land parcel No. Makuyu Kimoroni Block 1/1904 as matrimonial property.
Issues
- Whether the applicant's delay in filing the Notice of appeal was explained
- Whether the applicant had a likelihood of success in the intended appeal
Reasoning
The court exercised its discretion to extend time, considering the length of the delay, the reason for the delay, and the chances of success of the appeal.
Outcome
The court extended time for the applicant to file the Notice of appeal within seven (7) days from the date of the ruling.
Orders
- Time be and is hereby extended to le and serve the Notice of appeal within seven (7) days for the date of this Ruling
- The Memorandum and record of appeal to be lodged in accordance with rule 82 of this Court’s rules
- The costs of this application shall abide by the intended appeal
Remedies
- Extension of time to file the Notice of appeal
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