Tim v Koima & 9 others (Civil Application E033 of 2025) [2025] KECA 1799 (KLR) (31 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1799
- Citation
- [2025] KECA 1799 (KLR)
- Decided
- 31 October 2025
The Court grants the application for extension of time, finding the delay to be minimal and reasonable given the applicant's age and emotional state.
Facts
The applicant, Dr. Samson K.A. Tim, sought an extension of time to file and serve a Notice of Appeal against the judgment and decree of the High Court dated 28th February 2025 in Nakuru High Court Succession Cause No. 57 of 2008 due to a delay caused by his collapse after learning of the judgment.
Issues
- Whether the applicant's delay in filing the Notice of Appeal was reasonable given his age and health condition.
- Whether the intended appeal raises serious questions of both law and fact and has a high chance of succeeding.
Reasoning
The Court considered the length of the delay, the applicant's explanation for the delay, and the potential merits of the appeal. The Court found the delay to be reasonable and granted the application.
Outcome
The application for extension of time to file and serve a Notice of Appeal is granted.
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act, Cap. 9
- Court of Appeal Rules 2022
Cases cited (2)
- Abdul Aziz Ngoma v. Mungai Mathayo [1976] eKLR
- Fakir Mohamed v. Joseph Mugambi & two others, Civil Application No. Nai. 332/04
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