Big Tree farm Limited v Rono & 4 others (Civil Application E073 of 2025) [2026] KECA 13 (KLR) (22 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 13
- Citation
- [2026] KECA 13 (KLR)
- Decided
- 22 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file a notice of appealCoramMA WARSAME
Holding
The application for extension of time to file a notice of appeal is allowed with no orders to cost.
Facts
Big Tree farm Limited sued 26 defendants for eviction from land LR No. 8986 (IR. 7089/15) in Trans Nzoia County. The respondents claimed to have bought portions of the land, paid the purchase price, and taken possession.
Issues
- Whether the applicant's delay in filing a notice of appeal was due to sufficient cause.
- Whether the court should grant an extension of time to file a notice of appeal
Reasoning
The court allowed the application due to the applicant's credible account of the difficulties encountered, including the striking off of the former advocate, Simiyu Michael Wafula, and the reasonable inference that an advocate who has been struck off would be unable to represent the client or file appeals on their behalf.
Outcome
Allowed
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat vs. Independent Electoral and Boundaries Commission & 6 Others [2014] eKLR
- Fakir Mohamed vs. Joseph Mugambi & two others, Civil Application No. Nai. 332/04
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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