Matinde v Kosgey (Civil Application E076 of 2025) [2026] KECA 31 (KLR) (23 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 31
- Citation
- [2026] KECA 31 (KLR)
- Decided
- 23 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file and serve the notice of appeal and the record of appeal out of timeCoramPM GACHOKA
Holding
The Court dismissed the application as the applicant was not serious with his appeal and the requirements of the law had caught up with him.
Facts
The High Court delivered a judgment in HCCA NO. 133 of 2014 on 5th June 2020 during the COVID-19 pandemic. The applicant, Matinde, was aggrieved by the findings and did not file his Notice of Appeal in time due to consultations and lack of fees.
Issues
- Whether the Court should grant an extension of time for the applicant to file and serve the Notice of Appeal and the Record of Appeal
- Whether the delay in filing the appeal was due to legitimate reasons and not just a lack of seriousness
Reasoning
The Court considered the period of delay, the reason for the delay, the chances of the appeal succeeding, the degree of prejudice to the respondent, and the importance of compliance with time limits. The Court found that the applicant was not serious with his appeal and dismissed the application.
Outcome
Application dismissed
Orders
- The Notice of Motion dated 7th November 2025 is dismissed
Authorities cited
Cases cited (3)
- Fahir Mohammed v Joseph Mugambi & 2 Others Civil Application NAI 332/04 (UR)
- Mutiso v Mwangi, Civil Application No. Nai. 255 of 1997 (UR)
- Mwangi v Kenya Airways Ltd [2003] KLR 486
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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