Lagat v Eric Nyaberi, Amos Awendo & Francis Hassan & Nancy Mwangi (Suing in their Capacity as Chairman, Treasurer and Member of Ngei Tenants Welfare Association - Nakuru) & 7 others (Civil Appeal (Application) E097 of 2024) [2026] KECA 3 (KLR) (16 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 3
- Citation
- [2026] KECA 3 (KLR)
- Decided
- 16 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for extension of time to lodge a Notice of AppealCoramMA WARSAME
Holding
The application for extension of time to lodge a Notice of Appeal is allowed.
Facts
The applicant was an Interested Party in Nakuru ELC Case No. 28 of 2019, a suit concerning ownership and rights over parcels of land in Ngei Estate, Nakuru. The suit was dismissed with no orders as to costs. The applicant wishes to appeal to the Court of Appeal.
Issues
- Whether the applicant's application for extension of time to lodge a Notice of Appeal should be granted.
- Whether the applicant's delay in filing the Notice of Appeal is reasonable and justified.
Reasoning
The delay in filing the application is minimal, and the applicant's explanation for the delay is reasonable. The intended appeal raises issues that are arguable and affect the applicant's claimed rights to immovable property.
Outcome
The application is allowed.
Orders
- The applicant shall file and serve the said Notice of Appeal within seven (7) days from the date of this ruling.
Remedies
- Costs awarded to the 6th and 7th respondents.
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Korir Salat v Independent Electoral and Boundaries Commission & 6 Others, [2014] eKLR
- Trans Africa Insurance Company Limited v Benson Waireri & Another [2015] 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.
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