Embu Gaturi Housing Co-op Society v Njenga & 2 others (Civil Application E089 of 2024) [2025] KECA 591 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 591
- Citation
- [2025] KECA 591 (KLR)
- Decided
- 7 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file a memorandum of appeal and record of appeal out of timeCoramJW LESSIT, Muchemi, Murgor, Waki
Holding
The application is allowed, and the applicant is granted 30 days from the date of the ruling to file and 14 days thereafter to file and serve the memorandum and record of appeal.
Facts
Embu Gaturi Housing Co-op Society filed an application to file its appeal out of time against the judgment of the High Court of Kenya at Embu. The application was dismissed previously, and the applicant argues that the delay is due to the pending application for extension of time.
Issues
- Whether the applicant's application for extension of time to file a memorandum of appeal and record of appeal is res judicata.
- Whether the delay in filing the memorandum and record of appeal is justified and should be excused.
Reasoning
The court found that the delay in filing the memorandum and record of appeal is not the applicant's fault and is due to the pending application for extension of time. The court exercised its discretion to grant the extension.
Outcome
The application is allowed.
Orders
- The applicant is granted 30 days from the date of the ruling to file and 14 days thereafter to file and serve the memorandum and record of appeal.
- Costs shall be in the appeal.
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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