Macharia & 3 others v Gakuu & another (Civil Application E462 of 2024) [2025] KECA 1015 (KLR) (30 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1015
- Citation
- [2025] KECA 1015 (KLR)
- Decided
- 30 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to lodge the Record of AppealCoramW. KARANJA
Holding
The application is dismissed with no order as to costs as it was not opposed and the applicants' Notice of Motion is dismissed due to non-compliance with the Court of Appeal Rules.
Facts
The applicants filed a notice of appeal on time but the record of appeal was not filed on time due to a letter being outside the 30-day window provided by the Court of Appeal Rules.
Issues
- Non-compliance with the Court of Appeal Rules regarding the filing of the record of appeal
- Whether the applicants can seek refuge under the proviso to Rule 84 and Rule 84(2)
Reasoning
The applicants' Notice of Motion is dismissed because the letter requesting the proceedings was outside the 30-day window provided by the Court of Appeal Rules and the applicants cannot seek refuge under the proviso to Rule 84 and Rule 84(2).
Outcome
Application dismissed
Orders
- Application dismissed with no order as to costs
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Rules of the Environment and Land Court
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…