Wanjau (Suing as the administratrix of the Estate of Sammy Njoroge Maina - Deceased) v Mararui Farmers Co Limited & another (Civil Application E337 of 2024) [2025] KECA 302 (KLR) (21 February 2025) (Ruling)

Facts

The applicant, Stella Muthoni Wanjau, sought to extend the time to file and serve a Notice of Appeal against the judgment of the Nairobi Environment and Land Court. The judgment was entered against her on February 15, 2022, and she was ordered to give vacant possession to the respondents within 60 days. She filed an application to stay the eviction but it was dismissed for being filed with inordinate delay. She then moved to this Court with the application now under consideration.

Issues

1. Whether to grant extension of time to file and serve a Notice of Appeal
2. Whether the delay in filing the application was inordinate

Reasoning

The delay of 2 years is inordinate and the applicant has not presented credible evidence to persuade the court to grant leave to file the appeal out of time. The judgment was given over 2 years ago but the applicant has not complied and seems to oscillate between this court and the trial court.

Outcome

Dismissed

Authorities cited