Lumezani & 4 others v Lwugi (Civil Application E007 of 2025) [2025] KECA 1061 (KLR) (12 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1061
- Citation
- [2025] KECA 1061 (KLR)
- Decided
- 12 June 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file an appealCoramMA WARSAME
Holding
The application for extension of time to file the appeal is dismissed with costs to the respondent.
Facts
The applicants sought to file an appeal against a judgment delivered on 21st November 2023 in Civil Case No. 157 of 2017, but only filed the application on 19th July 2024, resulting in a delay of approximately 8 months.
Issues
- Whether the applicants' delay in filing the appeal was justified
- Whether the reasons provided for the delay were sufficient
Reasoning
The Court found the delay inordinate and unexplained, and the reasons advanced were neither compelling nor supported by credible evidence.
Outcome
Application dismissed
Orders
- Application for extension of time to file an appeal dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act Cap 21
- Civil Procedure Rules 2010
- Court of Appeal Rules, 2022
Cases cited (3)
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi [1977] eKLR
- Thuita Mwangi v Kenya Airways Ltd [2003] eKLR
- Ratilal Ramniklal Patel v Republic [1957] EA 151
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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