Njoroge v Odhiambo & 3 others (Civil Application E399 of 2025) [2026] KECA 211 (KLR) (6 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 211
- Citation
- [2026] KECA 211 (KLR)
- Decided
- 6 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to lodge a Notice of AppealCoramLA ACHODE, YVONNE WAN
Holding
The application is found to lack merit and is hereby dismissed with costs to the respondent.
Facts
The applicant was aggrieved by part of the judgment and intended to appeal, but was taken ill and delayed in filing the appeal due to hospitalization for over 9 months.
Issues
- Whether the applicant's delay in filing the appeal was due to exceptional circumstances warranting an extension of time
- Whether the respondent will suffer prejudice if the application is granted
- Whether the court has jurisdiction to grant the orders sought
Reasoning
The delay was inordinate and inexcusable, and there is no competent intended appeal for which leave might be granted. The court finds the application lacking in merit.
Outcome
Application dismissed with costs
Orders
- Application for extension of time to lodge a Notice of Appeal dismissed
Authorities cited
Cases cited (2)
- Fakir Mohamed vs. Joseph Mugambi & 2 others [2005] eKLR
- Mughal and Rashid [2005] eKLR
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.
Loading judgment…