Kimani v Wanjohi & another (Civil Application E209 of 2024) [2025] KECA 443 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 443
- Citation
- [2025] KECA 443 (KLR)
- Decided
- 7 March 2025
The application is allowed, and the applicant shall file and serve his memorandum and record of appeal within thirty (30) days hereof.
Facts
The applicant, Paul John Kimani, sought an extension of time to file and serve his memorandum of appeal from the judgment of the Environment and Land Court dated 7th March 2024, in the consolidated appeals ELCA/3/2022 and ELCA/089/2021. He filed his notice of appeal on 15th March 2024 and tried to file his memorandum of appeal online but was not able to do so due to system limitations.
Issues
- Whether the applicant's application for extension of time to file and serve a memorandum of appeal out of time is merited.
- Whether the applicant's appeal has reasonable chances of success if leave is granted.
Reasoning
The applicant's application was filed well before the 60-day period provided under the rules, but the 60-day period from the date of filing of the notice of appeal has since expired. The applicant's misunderstanding regarding the time requirement for filing an appeal led to his application.
Outcome
The application is allowed.
Orders
- The applicant shall file and serve his memorandum and record of appeal within thirty (30) days hereof.
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