Chesang & 5 others v Koech & 2 others (Civil Appeal (Application) E054 of 2024) [2025] KECA 550 (KLR) (27 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 550
- Citation
- [2025] KECA 550 (KLR)
- Decided
- 27 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for leave to file an appeal out of timeCoramGV ODUNGA, Sergon, Waki
Holding
The application is dismissed with no order as to costs.
Facts
The applicants are seeking an extension of time to appeal against the judgment of the High Court of Kenya, Kericho delivered on 14th December 2023. They claim that they were not parties to the initial suit and that they intend to appeal to include all family beneficiaries of the late Stanley Kesusu Kimwei in the succession proceedings.
Issues
- Whether the applicants have locus to file an appeal out of time
- Whether the applicants have provided sufficient reasons for the delay in filing the appeal
Reasoning
The applicants failed to provide all necessary material to enable the court exercise its discretion in their favor. The court considered factors such as the length of delay, reasons for the delay, chances of the appeal succeeding, and prejudice to the respondents.
Outcome
Application dismissed
Authorities cited
Cases cited (2)
- Rono and 3 Others vs Kigen (Civil Application No. E007 of 2024) 2024 KECA 1521 (KLR)
- Leo Sila Mutiso v Helen Wangari Mwangi Civil Application No. Nai. 255 of 1997 [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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