Estate of Julius Mabusi Nandasaba alias Julius Wafula alias Julius Mabusi alias Jairus Wafula Represented by Benson Juma Mabusi and Mathews Simiyu Mabus v Satia & Partners & 9 others (Civil Application E032 of 2024) [2025] KECA 743 (KLR) (5 May 2025) (Ruling)

Facts

The applicant sought to extend the time to file and serve a notice of appeal against a ruling issued by the Environment and Land Court of Kenya at Kitale on 23rd April 2024. The applicant claimed the delay was due to an honest mistake and communication breakdown.

Issues

1. Whether the applicant has met the threshold for the exercise of the Court's discretion to grant leave for them to file a notice and record of appeal out of time.
2. Whether there is a reasonable reason for the delay and whether the respondents will suffer any prejudice if the application is allowed.

Reasoning

The Court found the applicant's explanation plausible and satisfactory, and that the delay was excusable and not inordinate. The Court exercised its discretion to grant the extension.

Outcome

The application is allowed with the applicant granted extension of time to serve a notice of appeal within 7 days from the date of this ruling.

Authorities cited