Njenga v One Step Family Group (Civil Application E203 of 2025) [2025] KECA 2065 (KLR) (5 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2065
- Citation
- [2025] KECA 2065 (KLR)
- Decided
- 5 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent's Motion for Extension of Time to File a Memorandum of AppealCoramF. SICHALE, JA
Holding
The motion for extension of time is allowed, and the applicant is ordered to file and serve the Notice and Record of Appeal within 30 days from the date of this ruling.
Facts
The applicant, Paul Njau Njenga, failed to file an appeal within the prescribed time frame. The respondent, One Step Family Group, opposed the extension of time.
Issues
- Whether the applicant has demonstrated the existence of principles for consideration in the exercise of unfettered discretion to extend time
- Whether the delay in filing the appeal was sufficiently explained to the satisfaction of the court
- Whether the applicant will suffer prejudice if the motion is not allowed
Reasoning
The court found the reasons for the delay plausible and sufficient, and the applicant's prejudice if the motion is not allowed.
Outcome
The motion for extension of time is allowed.
Orders
- The applicant shall proceed to file and serve the Notice and Record of Appeal within 30 days from the date of this ruling.
- The costs of this motion shall abide the outcome of the intended appeal.
Remedies
- Extension of time to file an appeal
Authorities cited
Legislation (1)
- Civil Procedure Act
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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