Munyi & 2 others v Kivuti (Civil Application E076 of 2024) [2024] KECA 1358 (KLR) (3 October 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1358
- Citation
- [2024] KECA 1358 (KLR)
- Decided
- 3 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to appealCoramOLE KANTAI
Holding
The court allows the application for extension of time to appeal, but with conditions: the applicants must lodge a notice of appeal within 10 days and file the record of appeal within 21 days thereafter.
Facts
The applicants were parties in a High Court appeal at Embu, which was decided in favor of the respondent. They filed an application for review but it was struck out due to a notice of appeal. They then filed an application for extension of time to appeal out of time.
Issues
- Whether to grant an extension of time to appeal out of time
- Whether the applicants are deserving of the exercise of discretion
Reasoning
The court considers the length of delay, the reason for the delay, and the possibility of the appeal succeeding. It finds the delay not inordinate and allows the application.
Outcome
The court grants the application for extension of time to appeal.
Orders
- The applicants must lodge a notice of appeal within 10 days of today.
- The applicants must file the record of appeal within 21 days thereafter.
Authorities cited
Cases cited (1)
- Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi [1999] 2 EA 231
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.
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