Wanjohi (Suing as a Personal Representative of Stanley Wanjohi Mathenge) v Wahome & 4 others (Civil Application E066 of 2025) [2025] KECA 1712 (KLR) (22 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1712
- Citation
- [2025] KECA 1712 (KLR)
- Decided
- 22 October 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to appeal out of timeCoramALI-ARONI, JA
Holding
The Court allows the extension of time for filing an appeal
Facts
Stanley Wanjohi Mathenge, deceased, was 85 years old and in ill health. He had been admitted to hospital multiple times since December 2022. He died on 17th October, 2024. The suit property LR No. 275/067 Amboni was subdivided by the respondents without the deceased's family's involvement.
Issues
- Whether the applicant is deserving of the orders sought
- Whether the applicant has unclean hands
Reasoning
The Court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondents. The Court grants the extension of time.
Outcome
The application is granted
Orders
- The notice of appeal shall issue forthwith, and not later than seven (7) days from the date of this ruling
Authorities cited
Cases cited (1)
- Leo Sila Mutiso vs. Helen Wangari Mwangi [1999] 2 EA p231
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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