Mwaniki v Mbuya & another (Suing as the Representatives of the Estate of Edward Gitonga Njeru - Deceased) (Civil Application E004 of 2025) [2025] KECA 396 (KLR) (28 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 396
- Citation
- [2025] KECA 396 (KLR)
- Decided
- 28 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve the Notice of Appeal and Record of Appeal out of timeCoramOLE KANTAI
Holding
The application for extension of time is dismissed. The court makes no order on costs.
Facts
The applicant, Genando Nyaga Mwaniki, appealed a judgment in Siakago MCCC E105 of 2021, but failed to file the appeal within the prescribed time. The respondents, Virginia Mbuya Njeru and Njeru Njoka, are the representatives of Edward Gitonga Njeru - Deceased.
Issues
- Whether to grant an extension of time to file the Notice of Appeal and Record of Appeal out of time
- Whether the applicant has an arguable appeal
Reasoning
The court found that the applicant did not sufficiently explain the delay in taking steps to appeal and was not vigilant in the matter. The court did not find the reasons for delay convincing.
Outcome
The application is dismissed.
Authorities cited
Cases cited (1)
- Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi [1999] 2 EA 231
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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