Ngenda New Farmers’ Company Limited & 4 others v Mbugua & 5 others (Civil Application E041 of 2022) [2025] KECA 955 (KLR) (23 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 955
- Citation
- [2025] KECA 955 (KLR)
- Decided
- 23 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file and serve the Notice of Appeal and Record of Appeal out of timeCoramA. Muchelule, GV ODUNGA, J. G. Kemei, Kimei, Madan
Holding
The applicants' application for leave to file and serve the Notice of Appeal and Record of Appeal out of time is granted.
Facts
The applicants sought leave to file and serve the Notice of Appeal and Record of Appeal out of time, while the respondents were not party to the suit and had not responded to the application.
Issues
- Land sub-divided and sold to third parties
- Valid charge over land as security for a loan
- Fraud issue
Reasoning
The court considered the land and the issues the applicants intend to raise in the appeal, including the sub-divided land, valid charge, and fraud, and found no prejudice to the respondents.
Outcome
The application for leave to file and serve the Notice of Appeal and Record of Appeal out of time is granted.
Orders
- Prayers 1 and 2 of the application dated 10th June 2022 are granted.
- The applicants do file the notice of appeal within 14 days from the date hereof.
- The applicants are granted leave to file and serve the memorandum of appeal out of time within 21 days of the date hereof.
- Costs of the application will abide the outcome of the appeal.
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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