Embe Water and Sanitation Company Limited v Njuguna (Civil Application E132 of 2024) [2025] KECA 128 (KLR) (30 January 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 128
- Citation
- [2025] KECA 128 (KLR)
- Decided
- 30 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file the Memorandum of Appeal and Record of AppealCoramGV ODUNGA, O. Makau, Onesmus Makau, Waki
Holding
The application is granted, the Notice of Appeal is deemed to have been filed and served within time, and the time within which to file and serve the Memorandum and Record of Appeal is extended with a period of 14 days.
Facts
The applicant, Embe Water and Sanitation Company Limited, sought to extend the time to file an appeal against the judgment of Onesmus Makau, J dated 18th April, 2024, due to an oversight in filing the Memorandum of Appeal.
Issues
- Whether the applicant's delay in filing the Memorandum of Appeal was inordinate and inexcusable.
- Whether the respondent would be unduly prejudiced if the application were granted.
Reasoning
The Court found the delay to be inexcusable due to inadvertence and granted the application, extending the time for filing the Memorandum of Appeal.
Outcome
The application is granted.
Orders
- The Notice of Appeal is deemed to have been filed and served within time.
- The time within which to file and serve the Memorandum and Record of Appeal is extended with a period of 14 days.
Remedies
- Extension of time to file the Memorandum of Appeal and Record of Appeal.
- Award of costs to the respondent.
Authorities cited
Cases cited (1)
- Nicholas Kiptoo Arap Korir Salat v IEBC & 7 others, Supreme Court Application No. 16 of 2014[2014] 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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