Olembo & another v Chege (Civil Application E238 of 2025) [2025] KECA 2311 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2311
- Citation
- [2025] KECA 2311 (KLR)
- Decided
- 19 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for Extension of Time to file and serve Record of AppealCoramF. Sichahe
Holding
The Court allows the applicants' motion for extension of time to file the appeal, but requires them to file the appeal within 30 days from the date of this ruling.
Facts
The applicants, Alex Roy Olembo and Stephen Owino, filed a Notice of Appeal on 22nd May 2023 challenging a judgment delivered by Njagi J on 19th May 2023. However, they discovered that the appeal had not been filed due to a failure to remit the requisite filing fees.
Issues
- Whether the applicants' delay in filing the appeal was due to inaction by their former associate or due to circumstances beyond their control.
- Whether the applicants' motion for extension of time should be granted considering the circumstances of the case.
Reasoning
The Court finds the applicants' reasons for delay plausible and reasonable, explaining that the appeal was lodged but not paid for. The Court considers the delay sufficient to satisfy its discretion.
Outcome
The applicants' motion is allowed.
Orders
- The applicants shall proceed to file the intended appeal within 30 days from the date of this ruling.
- The applicants shall bear the costs of this motion.
Remedies
- Extension of time to file the appeal
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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