Kamande v Kiarii (Civil Application E119 of 2025) [2025] KECA 2266 (KLR) (19 December 2025) (Ruling)

Facts

The applicant, Lucy Njeri Kamande, sought to sell a property to the respondent, Ayub Mwangi Kiarii, but the sale was void due to the applicant's lack of legal capacity. The respondent filed a suit to validate the revocation agreement, which was dismissed by the trial court. The High Court partially allowed the respondent's appeal and ordered the applicant to refund Kshs. 1,087,000.

Issues

1. Whether the applicant has made a sufficient case to justify an extension of time to institute an appeal out of time.
2. Whether the applicant's delays and lapses justify the court's discretion in denying the application.

Reasoning

The court found that the applicant did not provide a satisfactory explanation for the delays and lapses, and the application was made too late to be considered.

Outcome

Dismissed