Wamutitu v Wamutitu (Civil Application E171 of 2025) [2026] KECA 35 (KLR) (23 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 35
- Citation
- [2026] KECA 35 (KLR)
- Decided
- 23 January 2026
The Court grants the application for an extension of time to file an appeal out of time.
Facts
The applicant, James Gichohi Wamutitu, is the biological father of the deceased. The impugned ruling was delivered on 17th October 2024. The applicant resides on Land Parcel Aguthi/Gaki/650 and not Land Parcel Aguthi/Gaki/464. He claims that relocating to Land Parcel Aguthi/Gaki/464 will be very costly and expensive. The deceased had shown him his portion in Land Parcel Aguthi/Gaki/650. The applicant filed an application for revocation of Grant on 23rd March 2025, which was dismissed.
Issues
- Whether the applicant is entitled to an extension of time to file an appeal out of time
- Whether the delay in filing the appeal is excusable and justifiable
Reasoning
The Court finds that the delay in filing the appeal is not inordinate and is excusable due to the applicant's application for revocation of Grant which was dismissed.
Outcome
The application is granted.
Orders
- Extension of time to file an appeal out of time
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