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Thiritu v Kaburu (Civil Application E135 of 2025) [2025] KECA 1860 (KLR) (7 November 2025) (Ruling)

[2025] KECA 1860 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1860
Citation
[2025] KECA 1860 (KLR)
Decided
7 November 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to lodge an appeal out of timeCoramOLE KANTAI
Holding

The application is allowed, and the appeal is to be filed within 14 days.

Facts

The applicant, Zachary Thiritu, applied for leave to lodge an appeal out of time against the judgment of the Environment and Land Court of Kenya at Isiolo dismissing his appeal. He claimed dissatisfaction with the judgment, inability to file an appeal on time, and that the appeal is arguable.

Issues

  1. Whether to grant leave to lodge an appeal out of time
  2. Whether the delay in filing the appeal was inordinate

Reasoning

The court exercised its discretion to grant leave to lodge the appeal out of time, considering the reasons for the delay and the grounds of appeal.

Outcome

The application is granted.

Orders

  • The appeal is to be filed within 14 days

Remedies

  • The applicant is granted leave to lodge an appeal out of time

Authorities cited

Cases cited (1)
  • Leo Sila Mutiso v Rose Hellen Wangari Mwangi Civil Application No. NAI 255 of 1997
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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