Ekessa & 3 others v Njung'e (Civil Application E068 of 2025) [2025] KECA 1997 (KLR) (18 November 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1997
- Citation
- [2025] KECA 1997 (KLR)
- Decided
- 18 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file Notice of Appeal out of time and leave to file Appeal out of timeCoramMS ASIKE-MAKHANDIA, Musyoka
Holding
The application is allowed in terms of prayers two and three of the application but only upon payment of the requisite fees.
Facts
The applicants were unable to file their appeal within the stipulated time due to delays caused by their previous advocates. They now seek an extension of time and leave to file the appeal.
Issues
- Whether the applicants have met the threshold for the grant of the prayers sought.
- Whether the intended appeal is arguable.
Reasoning
The delay was not inordinate and the applicants have explained the reasons for the delay. The intended appeal is arguable and the applicants have provided grounds for appeal.
Outcome
The application is allowed.
Orders
- Extension of time to file and serve the notice of appeal and the record of appeal.
- Deemed as properly filed and served on the respondent upon payment of the requisite fees.
Remedies
- Extension of time to file and serve the notice of appeal and the record of appeal.
- Deemed as properly filed and served on the respondent upon payment of the requisite fees.
Authorities cited
Legislation (1)
- Section 3A of the Appellate Jurisdiction Act
Cases cited (7)
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR
- Ngei v Kibe & another [2021] KECA 243 (KLR)
- Mukabi v Mukabi [2004] eKLR
- Anastasias H. Kamau v Karen Insurance Brokers Limited [2008] eKLR
- Imperial Bank Limited (In Receivership) & another v Alnashir Popat & 18 others [2018] KECA 685 (KLR)
- Murai v Wainaina (No.4) [1982] KLR 33
- Kenya Industrial Estates Ltd v Samuel Sang & another [2008] eKLR
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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