Kukam Limited & another v Odundo (Civil Application E521 of 2024) [2025] KECA 1202 (KLR) (4 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1202
- Citation
- [2025] KECA 1202 (KLR)
- Decided
- 4 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appealCoramF. SICHALE, JA
Holding
The applicants' motion is merited and allowed, and the appeal is deemed to have been filed within time.
Facts
Kukam Limited and Metra Investments Limited sought an extension of time to file an appeal against the judgment and orders of the Environment & Land Court at Nairobi.
Issues
- Whether the applicants have demonstrated the existence of principles for consideration in the exercise of unfettered discretion to extend time
- Whether the applicants will be prejudiced if the motion is not allowed
- Whether the applicants have satisfied the arguability of the intended appeal
Reasoning
The court found that the applicants have demonstrated the existence of principles for consideration in the exercise of unfettered discretion to extend time and that they will be greatly prejudiced if the motion is not allowed.
Outcome
The applicants' motion is allowed, and the appeal is deemed to have been filed within time.
Orders
- The applicants shall proceed to serve the appeal within 7 days from the date of this ruling and file it within 30 days from the date of this ruling.
- The applicants' Notice of Appeal dated May 2, 2024, shall be deemed to have been filed within time.
- The applicants' costs of this motion shall abide the outcome of the intended appeal.
Remedies
- Extension of time to file an appeal
Authorities cited
Legislation (3)
- Article 50 (2) (k) of the Constitution
- Section 3A and 3B of the Appellate Jurisdiction Act
- Rule 4 of the Court of Appeal Rules 2022
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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