Ndung’u (Suing as the Administrator Ad Litem of the Estate of John Ndung’u Mbugua) v Kinde Properties Limited (Civil Application E048 of 2025) [2025] KECA 1818 (KLR) (7 November 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1818
- Citation
- [2025] KECA 1818 (KLR)
- Decided
- 7 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge an appealCoramF. SICHALE
Holding
The applicant's motion is dismissed with costs to the respondent.
Facts
The applicant, David Kamau Ndung’u, sought to extend the time to lodge an appeal against the ruling of Lady Justice A. Omollo in Nairobi ELC No. 357 of 2019, delivered on 11th July 2024. He claimed that he instructed his previous advocates to appeal but they failed to file the appeal, and he only instructed his current advocate after learning of the failure.
Issues
- Whether the applicant has demonstrated good and sufficient reasons for the delay in filing the appeal.
- Whether the applicant's appeal is arguable.
Reasoning
The court found that the reasons given for the delay were not plausible and that the delay was inordinate. The court also noted that the applicant did not provide evidence to substantiate his allegations.
Outcome
Denied
Orders
- The applicant's motion is dismissed.
- The applicant is ordered to pay the respondent's costs.
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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