Sang & 2 others v Kugun & 8 others (Civil Application E043 of 2024) [2025] KECA 739 (KLR) (5 May 2025) (Ruling)

Facts

The applicants sought an extension of time to file and serve notice of appeal and record of appeal against the judgment issued on 18th November 2022 in Eldoret ELC No.233 of 2012. They claimed their advocate never filed the record of appeal on time and appointed a new advocate. The respondents opposed the application, stating the applicants failed to demonstrate efforts to contact their advocate and the delay was inexcusable.

Issues

1. Whether the applicants' delay in filing and serving the appeal was reasonable and excusable.
2. Whether the applicants' failure to include a prayer for extension of time to serve the letter bespeaking typed proceedings was fatal to the application.

Reasoning

The court found the applicants' reasons for the delay were not plausible and did not demonstrate any steps taken to find out if their erstwhile advocates had filed the record of appeal. The court dismissed the application as the delay was unexplained and prejudicial to the Interested Parties.

Outcome

Application dismissed

Authorities cited