Gatua v Njiru (Civil Application E181 of 2025) [2026] KECA 18 (KLR) (23 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 18
- Citation
- [2026] KECA 18 (KLR)
- Decided
- 23 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file an appeal out of timeCoramALI-ARONI
Holding
The application is dismissed with costs.
Facts
The applicant, Pasqualina Muthonie Gatua, filed a notice of appeal on December 23, 2024, but was unable to file her memorandum of appeal within 30 days due to technical difficulties and lack of necessary documents. She sought leave to file the appeal out of time.
Issues
- Whether the applicant should be granted an extension of time to file the memorandum of appeal and the record of appeal out of time.
- Whether the memorandum of appeal and the record of appeal already filed may be deemed to have been filed within the required time.
Reasoning
The court found no plausible or sufficient explanation for the delay in filing the record of appeal within the required time and dismissed the application.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- [2014] KESC 12 (KLR) (Civ) (4 July 2014)
- [1976] KLR 61
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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