Ngore v Ntongai (Suing as the Legal Representative of the Estate of Joseph MʼAlabwa - Deceased) & another (Civil Appeal (Application) E030 of 2025) [2025] KECA 1266 (KLR) (27 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1266
- Citation
- [2025] KECA 1266 (KLR)
- Decided
- 27 June 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to lodge record of appeal out of timeCoramOLE KANTAI
Holding
The application for extension of time to lodge record of appeal out of time has no merit and is dismissed with costs to the 1st respondent.
Facts
A suit was filed in the Chief Magistrates' Court at Maua, seeking an order to compel the defendant to transfer 0.40 acres of land to the plaintiff and to cancel the name of the interested party of the land and register it in the plaintiff's name. The suit was determined in favor of the plaintiff and an appeal was filed to the Environment and Land Court at Meru.
Issues
- Whether the applicant has a valid reason for the delay in lodging the appeal
- Whether the intended appeal has any chance of success
Reasoning
The applicant did not provide a reasonable explanation for the delay in lodging the appeal and the land has been transferred as per the orders of the courts below.
Outcome
The application is dismissed with costs to the 1st respondent.
Authorities cited
Cases cited (1)
- 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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