Chege & another (Suing as the Personal Representative of Paul Ngigi Mungai) v Kimani & 2 others (Suing as Representatives of Hallelluyah Gospel Church Karuri) (Civil Application E401 of 2024) [2025] KECA 1327 (KLR) (18 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1327
- Citation
- [2025] KECA 1327 (KLR)
- Decided
- 18 July 2025
The application for extension of time to file an appeal out of time is allowed. The notice of appeal is deemed as duly filed and served. The applicants shall within sixty (60) days hereof file and serve the record of appeal.
Facts
The applicants, Chege & Elizabeth Chege, sought to file an appeal out of time against the judgment of Grace Kemei, J. in the Environment and Land Court at Thika. The appeal was not filed within the stipulated timelines due to an oversight by their then advocates, Chege Kibathi & Co Advocates LLP, who failed to pay for the notice of appeal.
Issues
- Extension of time to file an appeal out of time
- Stay of execution of the impugned judgment
- Leave for the firm of M N Ndiritu & Co Advocates to come on record after judgment
Reasoning
The Court exercised its discretion to grant the application due to the applicants' diligent follow-up and the minimal delay caused by the oversight. The Court noted that the error was a mistake of counsel, which was excusable but not automatic.
Outcome
The application is allowed.
Orders
- The notice of appeal is deemed as duly filed and served.
- The applicants shall within sixty (60) days hereof file and serve the record of appeal.
Remedies
- Extension of time to file an appeal out of time
- Stay of execution of the impugned judgment
- Leave for the firm of M N Ndiritu & Co Advocates to come on record after judgment
Authorities cited
Cases cited (2)
- Fakir Mohamed v Joseph Mugambi & 2 others [2005] eKLR
- Tana and Athi Rivers Development Authority v Jeremiah Kimigho Mwakio & 3 Others [2015] eKLR
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