Njoroge & 3 others v Laico Regency Hotel Nairobi (Civil Application E411 of 2025) [2026] KECA 112 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 112
- Citation
- [2026] KECA 112 (KLR)
- Decided
- 30 January 2026
The application for extension of time to file an appeal out of time is hereby allowed. The applicants shall institute and serve the appeal within forty-five (45) days of this ruling.
Facts
The applicants, Maria Njoroge, Rachel Lagat, Josephine Kinyali, and Joshua Ndambuki, sought an extension of time to file an appeal against the judgment of Mathews Nduma Nderi, J. delivered on 13th March, 2025. The delay in filing the appeal was attributed to the unresponsiveness of their previous advocate and the court's scheduling of a mention on 18th June, 2025.
Issues
- Whether the applicants have an arguable appeal
- Whether the delay in filing the appeal was deliberate or inordinate
Reasoning
The court exercised its unfettered discretion to grant the application, considering the applicants' arguable appeal, the lack of prejudice to the respondent, and the importance of giving the applicants an opportunity to pursue their right of appeal.
Outcome
The application is allowed.
Orders
- The applicants shall institute and serve the appeal within forty-five (45) days of this ruling
Remedies
- Costs shall abide the outcome of the appeal
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