Tongkwang & another v Lokere & another (Civil Application E077 of 2025) [2026] KECA 32 (KLR) (23 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 32
- Citation
- [2026] KECA 32 (KLR)
- Decided
- 23 January 2026
The application is allowed. The annexed notice of appeal dated 30th September 2025 is hereby deemed as properly filed and served. The applicant is directed to file and serve the record of appeal within 45 days of this ruling.
Facts
The applicants, China Nation Aero Technology International Engineering Corporation and Julius Tongwang, sought an extension of time to file a notice of appeal against the judgment and decree of the Environment and Land Court at Kitale. The respondents, Benson Losialima Lokere and Jackson Mnangat Korii, opposed the application.
Issues
- Whether the applicants have met the threshold for the exercise of the Court's discretion to merit the orders sought.
- Whether the respondents will suffer any prejudice if the application is allowed.
Reasoning
The court found that the delay in filing the notice of appeal was due to an inadvertent mistake and that the appeal is arguable and deserves to be heard and determined on merits.
Outcome
The application is allowed.
Orders
- The annexed notice of appeal dated 30th September 2025 is hereby deemed as properly filed and served.
- The applicant is directed to file and serve the record of appeal within 45 days of this ruling.
Remedies
- Costs of this application shall abide the appeal.
Authorities cited
Cases cited (2)
- Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet [2018] eKLR
- Murai vs. Wainaina (No. 4) [1982] KLR 33
Loading judgment…