Nkoimo (Suing as the Legal Representative of the Estate of Stanley Lemoiyo Nkoimo - Deceased) ((Suing as the Legal Representative of the Estate of Stanley Lemoiyo Nkoimo - Deceased)) v Asanyo & 4 others (Civil Application E005 of 2024) [2025] KECA 832 (KLR) (15 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 832
- Citation
- [2025] KECA 832 (KLR)
- Decided
- 15 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file a referenceCoramG. V. ODUNGA
Holding
The court allows the application and extends the time for filing the reference to the full bench from the decision made on 12th April 2024, to be filed within 7 days from the date of this ruling.
Facts
The applicant sought an extension of time to file a reference against a ruling dismissing their Notice of Motion, which sought extension of time to file a Memorandum and Record of Appeal.
Issues
- Whether the applicant is entitled to an extension of time to file a reference against the ruling of a single judge
- Whether the applicant is prejudiced by the delay in filing the reference
Reasoning
The court finds that the applicant is an innocent party who was misled by their former advocates and that the delay in approaching the court was not deliberate.
Outcome
The application is allowed and the time for filing the reference is extended.
Orders
- The time for filing the reference is extended to the full bench from the decision made on 12th April 2024, to be filed within 7 days from the date of this ruling.
Remedies
- Award of costs to the respondent.
Authorities cited
Cases cited (5)
- Grindlays Bank International (K) & Another v George Barbour, Civil Application No. Nai. 257 of 1995
- Gichuhi Kimira v Samuel Ngunu Kimotho & Another, Civil Application No. Nai. 243 of 1995
- Janet Ngendo Kamau v Mary Wangari Mwangi Civil Application No. Nai. 338 of 2002
- Chemwolo and Another v Kubende [1986] KLR 492; [1986- 1989] EA 74
- Waljee’s (Uganda) Ltd v. Ramji Punjabhai Bugerere Tea Estates Ltd, [1971] EA 188
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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