Kabuku v Wamugunda & 3 others (Civil Application E141 of 2025) [2025] KECA 1861 (KLR) (7 November 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1861
- Citation
- [2025] KECA 1861 (KLR)
- Decided
- 7 November 2025
The court grants the application for extension of time, allowing the applicant to file the Memorandum of Appeal within 21 days of the ruling.
Facts
The applicant, Anthony Kabiru Kabuku, sought an extension of time to file a Memorandum of Appeal against the judgment of the Environment and Land Court of Kenya at Kerugoya. The judgment was delivered on 28th February, 2023, and the applicant was issued with a Certificate of Delay dated 10th July, 2024. He was in financial problems and was greatly affected by the dismissal of his first appeal.
Issues
- Whether to grant an extension of time to file a Memorandum of Appeal
- Whether the applicant's delay is inordinate
Reasoning
The court accepted the applicant's explanation for the delay and noted that the intended appeal has high chances of success. The court also stated that the respondents will not be prejudiced if the appeal is allowed.
Outcome
The application for extension of time is granted.
Orders
- Record of appeal to be filed within 21 days of today
Remedies
- Extension of time to file Memorandum of Appeal
Authorities cited
Cases cited (1)
- Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi Civil Application No. NAI 255 of 1997
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