Katram Limited & another v Waithaka (Civil Application E460 of 2024) [2025] KECA 985 (KLR) (30 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 985
- Citation
- [2025] KECA 985 (KLR)
- Decided
- 30 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file an appealCoramW. KARANJA
Holding
The application is dismissed with costs to the respondent
Facts
Katram Limited and Rahab Mukiama were defendants in ELC Suit No. 177 of 2010 filed against them by John Roki Waithaka. The court entered judgment in favor of Waithaka, declaring him the legitimate owner of LR No. 20530 and ordering the applicants to pay Kshs.1,500,000 in general damages for trespass.
Issues
- Whether the delay in filing the appeal was inordinate
- Whether the applicants have a good appeal with chances of success
Reasoning
The delay in filing the appeal was found to be inordinate and the applicants' explanation was deemed implausible. The court also found that the applicants have a herculean task in convincing the court to rule in their favor.
Outcome
Dismissed
Orders
- Application dismissed with costs to the respondent
Authorities cited
Cases cited (1)
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet (2018) eKLR
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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