Ndung’u & another v Gathii (Civil Application E090 of 2024) [2024] KECA 1454 (KLR) (18 October 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1454
- Citation
- [2024] KECA 1454 (KLR)
- Decided
- 18 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to appeal out of timeCoramOLE KANTAI
Holding
The application is allowed, and the applicants are granted an extension of time to file an appeal within 14 days.
Facts
The applicants, Joseph Nyaga Ndungu and Mugo Ndungu, were aggrieved by a judgment dismissing their appeal and ordered to be evicted from the land. They sought an extension of time to file an appeal.
Issues
- Whether to grant an extension of time to file an appeal
- Whether the applicants' delay in filing an appeal was inordinate
Reasoning
The court allowed the application due to the reasonable explanation provided by the applicants for the delay in filing an appeal, considering the circumstances.
Outcome
The application is granted.
Orders
- Notice of Appeal to be lodged within 14 days
- Appeal to be filed within 14 days thereafter
Remedies
- Costs of the Motion will be in the appeal
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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