Muriithi & another (Suing as Administrators of the Estate of Monica Wangeci Muriithi - Deceased) v Car & General (Trading) Limited & another (Civil Application E403 of 2024) [2025] KECA 1303 (KLR) (18 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1303
- Citation
- [2025] KECA 1303 (KLR)
- Decided
- 18 July 2025
The application for extension of time to file an appeal out of time is allowed. The applicants shall file a fresh notice of appeal within 14 days and the record of appeal within 60 days of filing the notice of appeal.
Facts
The applicants, Muriithi & Virginia Wacheke Muriithi, are the administrators of the estate of Monica Wangeci Muriithi. They seek to file an appeal out of time against the judgment of Njagi, J. in Civil Appeal No. 71 of 2021.
Issues
- Whether the applicants should be granted an extension of time to file an appeal out of time
- Whether the notice of appeal was duly filed in accordance with the Court of Appeal Rules
Reasoning
The delay in filing the notice of appeal was due to the applicants' inability to contact their counsel due to the loss of their mobile phone. The court considers the delay to be inordinate but excuses it due to the applicants' active, willing, and interested litigant status and lack of prejudice to the respondents.
Outcome
The application is granted.
Orders
- The applicants shall file a fresh notice of appeal within 14 days
- The applicants shall file the record of appeal within 60 days of filing the notice of appeal
Remedies
- Costs of this application shall be in the intended appeal
Authorities cited
Legislation (1)
- Court of Appeal Rules, 2022
Cases cited (1)
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi – Civil Application No. Nai 251 of 1997
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