Njoki v Macharia (Civil Application E371 of 2024) [2025] KECA 807 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 807
- Citation
- [2025] KECA 807 (KLR)
- Decided
- 9 May 2025
The court grants the applicant leave to appeal and directs him to file and serve the notice of appeal within 7 days and the memorandum and record of appeal within 30 days of the ruling.
Facts
The applicant and respondent claim ownership of a property. The respondent successfully sued the applicant's predecessor in title, Peter Mburu Waithaka, in Thika MCELC 3 of 2021, obtaining eviction orders. The applicant then sought to be joined in the suit, have the respondent's judgment set aside, and obtain an injunction.
Issues
- Whether the applicant's appeal was timely
- Whether the applicant's explanation for the delay in filing the appeal is plausible
Reasoning
The court accepts the applicant's explanation that he only became aware of the judgment after being served with a notice to vacate the property, and grants the application due to the delay being reasonable.
Outcome
Leave to appeal granted
Orders
- To file and serve the notice of appeal within 7 days
- To file and serve the memorandum and record of appeal within 30 days
Remedies
- Grant of leave to appeal
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