Munikah (Appealing as one of the Personal Representatives and the Executor/Administrator of the Will of the Estate of Alfred Josse Nakaya) v Wangai & another (Civil Application E472 of 2022) [2023] KECA 223 (KLR) (3 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 223
- Citation
- [2023] KECA 223 (KLR)
- Decided
- 3 March 2023
The application for extension of time to file an appeal is dismissed with costs to the 1st respondent.
Facts
The applicant, Munikah, sought to extend the time to file an appeal against the Environment and Land Court's ruling dismissing a suit filed on behalf of the deceased Alfred Josse Nakaya's estate. The suit was related to a property fraudulently transferred to the 1st respondent, Wangai. Munikah claimed he was incapacitated due to illness and hospitalization from March 22, 2022 to September 2022.
Issues
- Whether the applicant's illness and hospitalization provided a valid reason to extend the time to file an appeal
- Whether the dismissal of the suit was fair and just
Reasoning
The court found that the applicant failed to provide a plausible explanation for the delay in filing the appeal, despite claiming illness and hospitalization. The court also noted that the period after the alleged illness was not explained.
Outcome
Application dismissed
Orders
- Application for extension of time to file an appeal dismissed
Authorities cited
Cases cited (1)
- Daniel Toroitich Arap Moi v Mwangi Stephen Muriithi & another [2014] eKLR
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