Kuria & 19 others v Karanja (Civil Application E098 of 2024) [2025] KECA 860 (KLR) (15 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 860
- Citation
- [2025] KECA 860 (KLR)
- Decided
- 15 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to file an application to strike out a Notice of AppealCoramG. V. ODUNGA
Holding
The Court finds merit in the application and extends time for the applicants to apply for the striking out of the Notice of Appeal.
Facts
The applicants seek to file an application to strike out a Notice of Appeal dated 26th July 2024, claiming it was improperly filed by a stranger to the suit and lacks locus standi.
Issues
- Whether the Notice of Appeal is improperly filed by a stranger to the suit.
- Whether the applicants have locus standi to appeal.
- Whether the delay in filing the application is inordinate and prejudicial to the respondent.
Reasoning
The delay in filing the application is one week and not inordinate, and the Court grants the application as it is in the interest of justice.
Outcome
The application is granted, and the applicants are given 14 days to apply for the striking out of the Notice of Appeal.
Orders
- Extend time to the applicants to apply for the striking out of the Notice of Appeal dated 26th July 2024.
Authorities cited
Cases cited (6)
- Leo Sila Mutiso v Helen Wangari Mwangi, Civil Application No Nai. 255 of 1997 [1999] 2 EA 231
- Murai v Wainaina, (No 4) [1982] KLR 38
- Shital Bimal Shah & 2 others v Akiba Bank Limited, Civil Appeal (Application) No 159 of 2005 [2006] 2 EA 323
- 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
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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