Mailu (Suing as the Legal Representative of the Estate of Mailu Mulinge - Deceased) v Deputy County Commissioner Mukaa Sub- County & 2 others; Kikole (Interested Party) (Civil Application E133 of 2023) [2025] KECA 1193 (KLR) (4 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1193
- Citation
- [2025] KECA 1193 (KLR)
- Decided
- 4 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for Extension of Time to Lodge AppealCoramF. SICHALE, JA
Holding
The motion is allowed, and the applicant is granted leave to file the Notice and Memorandum of Appeal within 30 days from the date of this ruling.
Facts
The applicant, Mutua Mailu, was dissatisfied with the ruling of T. Murigi, J on 19th October 2022 and sought to file a Notice of Appeal and Memorandum of Appeal out of time due to illness and delay in receiving copies of the proceedings.
Issues
- Whether to grant leave to file an appeal out of time
- Whether the delay in filing the appeal was inordinate
Reasoning
The Court exercised its discretion to extend time, considering the reasonable reasons for the delay and the arguable nature of the appeal.
Outcome
The motion is allowed.
Orders
- Leave granted to file Notice and Memorandum of Appeal within 30 days from the date of this ruling
Remedies
- Costs of the motion shall abide the outcome of the intended appeal
Authorities cited
Legislation (1)
- Appellate Jurisdiction Act
Cases cited (2)
- Mwangi v Kenya Airways Limited [2003] KLR 486
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi (Civil Application No. Nai 255 of 1997)
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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