Nyanduro & another v Omuomore (Civil Application E124 of 2025) [2026] KECA 163 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 163
- Citation
- [2026] KECA 163 (KLR)
- Decided
- 30 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge and serve the Notice of Appeal and record of Appeal out of timeCoramLK KIMARU
Holding
The application has merit and is hereby allowed. The applicants shall file and serve the notice of appeal within fourteen (14) days of today’s date and the record of appeal within forty-five (45) days of today’s date.
Facts
The applicants were not aware of the judgment of the trial court delivered on June 30, 2025, and only became aware on July 28, 2025. They filed the application on August 14, 2025, to appeal the judgment.
Issues
- Whether the applicants can be granted an extension of time to lodge and serve the Notice of Appeal and record of Appeal out of time.
- Whether the applicants' delay in filing the appeal was due to a lack of awareness of the judgment delivery date.
Reasoning
The applicants were not aware of the judgment delivery date and acted promptly to file the application. The Court grants the extension due to the applicants' lack of awareness.
Outcome
The application is allowed.
Orders
- The applicants shall file and serve the notice of appeal within fourteen (14) days of today’s date.
- The applicants shall file and serve the record of appeal within forty-five (45) days of today’s date.
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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