Kangangi v Iburi & another; Mwirigi & another (Intended Appellants) (Suing as Intended Legal Representatives of the Estate of Jacob Kabutu Kangangi) (Civil Appeal (Application) 258 of 2019) [2025] KECA 1491 (KLR) (19 September 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1491
- Citation
- [2025] KECA 1491 (KLR)
- Decided
- 19 September 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to revive abated appeal and substitute legal representativesCoramJoel Ngugi
Holding
The application is dismissed with costs to the 1st respondent due to the unexplained delay and repeated defective applications.
Facts
The appeal was abated due to the death of the appellant, Jacob Kabuto Mwirigi, and the applicants sought to revive the appeal and substitute their legal representatives.
Issues
- Whether the applicants' counsel's mistakes were excusable
- Whether the applicants have shown sufficient cause for the delay in filing the application
Reasoning
The Court found that the applicants have not shown sufficient cause for the unexplained delay of over a year and a half, and that the repeated defective applications demonstrate a lack of diligence.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (3)
- Joseph Gachuhi Muthanji v Mary Wambui Njuguna (Nyeri CA No. 34 of 2014)
- Issa Masudi Mwabumba v Alice Kavenya Mutunga & 4 Others (2012) eKLR
- Wilson Cheboi Yego v Samuel Kipsang Cheboi (2019) KECA 638 (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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