Ruto & 15 others v Kibowen (Civil Application E026 of 2025) [2025] KECA 1668 (KLR) (21 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1668
- Citation
- [2025] KECA 1668 (KLR)
- Decided
- 21 October 2025
The application for extension of time to file the notice of appeal is allowed with costs to the respondent, and the applicants are granted seven (7) days to file the record of appeal and memorandum of appeal.
Facts
The applicants, Raymond Ruto and 15 others, sought to challenge a judgment awarding Kshs. 30,000,000 in damages and mesne profits to the respondent, Stephen Kibowen, in a land dispute over parcel Lembus/Kilombe/157. The applicants had filed a notice of appeal but delayed filing the record of appeal.
Issues
- Whether the delay in filing the notice of appeal was sufficient to justify an extension of time
- Whether the appeal raises pertinent issues regarding the quantum of damages awarded by the trial court
Reasoning
The court found the delay of about two months not inordinate and noted the applicants' initial diligence. The appeal raises arguable grounds that deserve consideration on their merits.
Outcome
The application for extension of time to file the notice of appeal is allowed.
Orders
- The applicants are granted seven (7) days to file the record of appeal and memorandum of appeal
Remedies
- Costs to the respondent
Authorities cited
Cases cited (1)
- Abdul Aziz Ngoma v Mungai Mathayo [1976] eKLR
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