Opara v Macharia & another (Civil Application E068 of 2025) [2025] KECA 2048 (KLR) (27 November 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2048
- Citation
- [2025] KECA 2048 (KLR)
- Decided
- 27 November 2025
The Court grants the applicant's application to file the notice of appeal within 7 days from the date of this order, and the applicant will file the record of appeal within 60 days.
Facts
The applicant, Cleophas Barasa Wanjala Opara, instructed his erstwhile advocates to pursue an appeal against the judgment and decree of Nzili, J. delivered on 17th September 2025 in Kitale ELC No. 6 of 2019. However, the instructions were not discharged, and the applicant was aware he had not filed his notice of appeal within the 14-day statutory required period.
Issues
- Whether the applicant's application for extension of time to file a notice of appeal and record of appeal should be granted.
- Whether the delay in filing the notice of appeal was deliberate, inordinate, or prejudicial to the respondents.
Reasoning
The Court considers the application and the grounds enunciated therein. The applicant explains that the delay in filing the notice of appeal was not deliberate and was occasioned by the change of advocates. The application was filed timeously, and the Court grants the application based on the factors set out in Rule 4 of the Court of Appeal Rules.
Outcome
The applicant's application for extension of time to file a notice of appeal and record of appeal is granted.
Orders
- The applicant is granted leave to file the notice of appeal within 7 days from the date of this order.
- The applicant is required to file the record of appeal within 60 days from the date of this order.
Remedies
- The costs of the application shall abide the outcome of the appeal.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Court of Appeal Rules 2022
Cases cited (1)
- Wasike v. Swala [1984] KLR 591
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