Murimi v Kabiru & 2 others (Both as the Chairman and Treasurer of Kagaki Irrigation Water Self Help Group) (Civil Application E007 of 2025) [2025] KECA 564 (KLR) (28 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 564
- Citation
- [2025] KECA 564 (KLR)
- Decided
- 28 March 2025
The Court grants the applicant's application for an extension of time to file and serve the Memorandum of Appeal and Record of Appeal, allowing the applicant thirty (30) days to file the documents and fourteen (14) days from the date of filing to serve the respondent.
Facts
The High Court judgment was delivered via teams by Kizito Magare, J. in Mombasa, and the physical file was returned to Nyeri High Court on 18th June, 2024. The applicant did not receive certified copies of the proceedings until 24th October, 2024.
Issues
- Whether the applicant's application for extension of time to file and serve the Memorandum of Appeal and Record of Appeal is justified.
- Whether the delay in filing the documents is reasonable and within the prescribed time frame.
Reasoning
The Court finds that the delay is not unreasonable and considers it from 2nd October, 2024 when the proceedings were ready for collection. The explanation for the delay is acceptable.
Outcome
The applicant's application is granted.
Orders
- Extension of time for the applicant to file and serve the Memorandum of Appeal and Record of Appeal.
- Costs of the application will be in the appeal.
Authorities cited
Cases cited (1)
- Leo Sila Mutiso vs. Rose Hellen Wangare Mwangi, [1999] 2 EA 231; Nicholas Kiptoo Arap Korir Salat vs. Independent Electoral and Boundaries Commission & 7 Others [2014] KESC 12 (KLR); Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet [2018] eKLR.
Loading judgment…