Uniqueloo Limited & another v Ngethe (Civil Application E468 of 2025) [2026] KECA 141 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 141
- Citation
- [2026] KECA 141 (KLR)
- Decided
- 30 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file a Notice of AppealCoramF. TUIYOTT
Holding
The application is allowed, the notice of appeal lodged on 16th July, 2025 is deemed as duly filed and served, and the appeal shall be filed and served within 45 days of this ruling.
Facts
The applicants failed to file a Notice of Appeal within the requisite timelines and now seek an extension of time. The judgment was delivered on 10th June, 2025, but not made available to the parties until 14th July, 2025.
Issues
- Whether the applicants violated rule 77 (1)(2) of the Court of Appeal Rules, 2022 by failing to lodge and serve the notice of appeal within 14 days and 21 days respectively.
- Whether the applicants have shown prejudice they would suffer if the application is not allowed.
Reasoning
The court exercised its discretion under rule 4 of the rules of this Court, considering the short delay, the plausible reason for the delay, and the lack of prejudice to the respondent.
Outcome
Allowing the application for extension of time to file a Notice of Appeal.
Orders
- The notice of appeal lodged on 16th July, 2025 is deemed as duly filed and served.
- The appeal shall be filed and served within 45 days of this ruling.
Remedies
- Costs shall abide the outcome of the intended 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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