Mahugu v Equity Bank Limited (Civil Application E472 of 2024) [2025] KECA 1218 (KLR) (4 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1218
- Citation
- [2025] KECA 1218 (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 file Notice and Record of AppealCoramF. SICHALE
Holding
The application is allowed, and the applicant is ordered to proceed to file the appeal within 30 days from the date of this ruling, failure to which the orders shall stand vacated.
Facts
The applicant, James Muraya Mahugu, sought to extend the time to file an appeal against the judgment of the Environment and Land Court (S. Okongo J) dated 4th October 2021 in Milimani ELCA No. 50 of 2015 due to a delay in initiating the settlement process.
Issues
- Whether the applicant's delay in filing the appeal was undue
- Whether the respondent would suffer prejudice if the application was allowed
Reasoning
The Court found no undue delay and considered the reasons for the delay reasonable. The applicant demonstrated the existence of principles for consideration in the exercise of discretion to extend time.
Outcome
The application is allowed.
Orders
- The applicant shall proceed to file the appeal within 30 days from the date of this ruling
- Failure to do so shall result in the orders being vacated
Remedies
- Extension of time to file 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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