Nderi & 1709 others v County Government of Kirinyaga & 4 others (Civil Application E051 of 2025) [2025] KECA 1261 (KLR) (8 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1261
- Citation
- [2025] KECA 1261 (KLR)
- Decided
- 8 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appealCoramALI-ARONI, JA
Holding
The court allows the application and orders the notice of appeal to be filed and served within the next 14 days.
Facts
The applicants initiated a suit against the respondents seeking orders of resettlement on 20th June 2018. The suit was dismissed on 20th March 2023 for non-appearance. The applicants sought to have the dismissal order set aside but were unsuccessful. They were informed that the time to file an appeal had lapsed.
Issues
- Whether the applicants are deserving of an extension of time to file an appeal
- Whether the applicants are entitled to pursue the matter in person
Reasoning
The court finds the delay reasonable and considers the grounds for the appeal to be substantial.
Outcome
The application is granted.
Orders
- The notice of appeal be filed and served within the next 14 days
Authorities cited
Cases cited (4)
- Julius Kamau Kithaka v. Waruguru Kithaka Nyaga & 2 Others, [2013] KECA 106 (KLR)
- Leo Sila Mutiso v. Rose Hellen Wangari Mwangi [1999] 2 EA p231
- Nicholas Kiptoo Arap Korir Salat v. IEBC & 7 Others
- Salat v. Independent Electoral and Boundaries Commission & 7 Others (Application 16 of 2014) [2014] KESC 12 (KLR)
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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