Juma (Administrator of the Estate of the Late Khamis Juma) v Omar (Civil Application E064 of 2025) [2025] KECA 2234 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2234
- Citation
- [2025] KECA 2234 (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 Notice of Appeal and Memorandum of AppealCoramGW NGENYE-MACHARIA
Holding
The application is dismissed with costs to the respondent
Facts
The applicant, Juma, intends to appeal against the Judgment of Naikuni J. delivered on 30th May 2025 in Mombasa ELC Case No. E060 of 2022, but was unable to file the Notice of Appeal within the 14-day period due to various delays.
Issues
- Whether the applicant should be granted leave to file a Notice of Appeal out of time
- Whether the applicant should be granted leave to file a Memorandum of Appeal out of time
Reasoning
The applicant's delay in filing the appeal was inordinate and unjustified, and he failed to provide a plausible justification for the delay. The respondent would be prejudiced if the application is allowed.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the respondent
Authorities cited
Cases cited (2)
- Anti-Counterfeit Authority v Francis John Wanyange & 4 others (2021) eKLR
- Fakir Mohammed v Joseph Mugambi (supra)
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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