Wang'ara v Wang’ara & 13 others (Civil Application 69 of 2017) [2025] KECA 1230 (KLR) (23 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1230
- Citation
- [2025] KECA 1230 (KLR)
- Decided
- 23 June 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file appeal and leave to appealCoramALI-ARONI, JA
Holding
The court allows the application for extension of time to file appeal and leave to appeal.
Facts
The applicant, Jason Gitimu Wang'ara, was dissatisfied with the judgment of the Environment and Land Court and sought to appeal. However, he faced delays in obtaining necessary documents and service of the ex-parte orders obtained by the respondents.
Issues
- Whether the applicant's application for extension of time to file appeal and leave to appeal is valid
- Whether the delay in filing the appeal is due to the applicant's lawyer's mistake or other justifiable reasons
Reasoning
The court finds that the applicant has demonstrated diligence in following up on the proceedings and changing counsel, indicating a lack of diligence on the part of his lawyer. The court grants the extension of time to file the appeal.
Outcome
The application is allowed.
Orders
- Extension of time to file and serve the notice of appeal
Remedies
- Costs to abide by the outcome of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Appellate Jurisdiction Act
Cases cited (1)
- Belinda Murai & 9 others v Amos Wainaina (1979) eKLR
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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