Odera & 2 others v CECM Finance, Homa Bay County & 2 others (Civil Application E054 of 2025) [2025] KECA 2058 (KLR) (18 November 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2058
- Citation
- [2025] KECA 2058 (KLR)
- Decided
- 18 November 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to appeal out of timeCoramL. KIMARU
Holding
The application has merit and is allowed. The applicants are granted leave to lodge the appeal out of time.
Facts
The applicants were unable to appeal within the time limit due to ongoing negotiations and an unsuccessful application for review in the Employment and Labour Relations Court. The respondents opposed the application, citing abuse of judicial process.
Issues
- Whether the applicants' reasons for delay in lodging the appeal are sufficient to exercise judicial discretion.
- Whether the applicants have a good appeal with high chances of success and the respondents would not be prejudiced by the grant of the order.
Reasoning
The reasons given by the applicants for the delay in lodging the appeal are excusable. The period of delay is not inordinate, and the applicants' pursuit of justice is unrelenting.
Outcome
The application is allowed.
Orders
- Notice of appeal shall be filed and served within seven (7) days of today's date.
- Record of appeal shall be filed within forty-five (45) days of today's date.
Remedies
- The respondents shall have the costs of the application in any event.
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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