Mwangi v Mwangi & 4 others (Civil Application E167 of 2025) [2025] KECA 2224 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2224
- Citation
- [2025] KECA 2224 (KLR)
- Decided
- 19 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve the record of appealCoramA ALI-ARONI, JA
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant, Julius Njuguna Mwangi, fell ill and was unable to file and serve the record of appeal on time due to his age and health issues. He filed a notice of appeal on behalf of himself on February 20, 2025, and sought extensions of time for various procedural steps.
Issues
- Whether to grant an extension of time to file and serve the record of appeal
- Whether the notice of appeal was filed and served out of time
Reasoning
The court found that the explanation for the delay was not plausible and that the notice of appeal was filed out of time. The court concluded that the application seeking to file and serve a record of appeal out of time has no legs to stand on.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the respondent
Authorities cited
Cases cited (5)
- Fakir Mohammed vs. Joseph Mugambi & 2
- Odera t/a AJ Odera & Associates vs. Machira t/a Machira & Co Advocates (Civil Appeal 161 of 1999) [2013] KECA 208 (KLR)
- Pepco Construction Company Limited vs. Carter & Sons Limited Nairobi CA No. 80 of 1979 (UR)
- Joseph Limo & 86 others versus Ann merz Civil Application No.295 of 1998 Omollo JA
- Patrick Kiruja Kithinji vs. Victor Mugira Marete Civil Application 48 of 2014
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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