Ntinyari v Rauga (Civil Application E012 of 2025) [2025] KECA 600 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 600
- Citation
- [2025] KECA 600 (KLR)
- Decided
- 7 March 2025
The court allows the applicant's application and grants her thirty (30) days to file the memorandum and record of appeal, and fourteen (14) days from the date of filing to serve the respondent. The costs of this application will be in the appeal.
Facts
The applicant, Elizabeth Ntinyari, sought leave to file an appeal out of time against the judgment of the Environment and Land Court at Meru. The applicant's erstwhile advocate, Mr. Gatari Ringera, died before the proceedings were ready for collection, and the applicant had to retrieve the file from the liquidator of the deceased advocate's firm.
Issues
- Whether the applicant's delay in filing the appeal was inordinate and caused undue prejudice to the respondent.
- Whether the appeal is arguable and merits consideration by the appeal court.
Reasoning
The court found that the applicant's delay was due to extenuating circumstances beyond her control and not inordinate. The appeal is arguable and merits consideration by the appeal court.
Outcome
The applicant's application is allowed.
Orders
- Grant the applicant thirty (30) days to file the memorandum and record of appeal.
- Grant the applicant fourteen (14) days from the date of filing to serve the respondent.
Remedies
- Costs of this application will be in the appeal.
Authorities cited
Cases cited (5)
- Fakir Mohamed vs. Joseph Mugambi & 2 Others in Civil Application No. 33 of 2004
- Mwangi vs. Kenya Airways Limited [2003] KLR 486
- Major Joseph Mwereri Igweta vs. Mulika M'Ethare and Attorney General, Civil Application No. Nai 8/2000 (unreported)
- Murai vs. Wainana (No. 4) [1982] KLR 38
- Leo Sila Mutiso vs. Rose Hell
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