Nkaangi v Kilonzi & 3 others (Civil Application E193 of 2025) [2025] KECA 2064 (KLR) (5 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2064
- Citation
- [2025] KECA 2064 (KLR)
- Decided
- 5 December 2025
The court dismissed the applicant's motion for extension of time to lodge a Notice of Appeal, finding that the reasons given for the delay were not reasonable and that the applicant had not satisfied the existence of principles for consideration in the exercise of the court's discretion.
Facts
The applicant, Nkaangi, sought to extend the time to lodge a Notice of Appeal against a judgment of the Environment and Land Court dated 13th April 2018. The judgment was in Machakos ELC Case No. 412 of 2012. The applicant claimed he was not notified of the judgment and thus delayed in filing the appeal.
Issues
- Whether the applicant's delay in filing the appeal was reasonable
- Whether the applicant has demonstrated the existence of principles for consideration in the exercise of the court's discretion to extend time
Reasoning
The court found that the delay of about 7 years was inordinate and that the applicant's reasons for the delay were not reasonable. The court also noted that the applicant had not demonstrated the existence of principles for consideration in the exercise of the court's discretion.
Outcome
The motion for extension of time to lodge a Notice of Appeal was dismissed.
Orders
- The motion for extension of time to lodge a Notice of Appeal is dismissed in its entirety with no order as to costs.
Authorities cited
Cases cited (2)
- Mwangi v Kenya Airways Limited (2003) KLR 486
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi (Civil Application No. Nai 255 of 1997)
Loading judgment…