Mbai v Maua & another (Civil Application E504 of 2025) [2026] KECA 394 (KLR) (27 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 394
- Citation
- [2026] KECA 394 (KLR)
- Decided
- 27 February 2026
The Court allows the application for extension of time to file the appeal and directs the applicant to file the appeal within 30 days from the date of this ruling.
Facts
The applicant filed a suit in the Environment and Land Court against the 1st respondent and Nairobi City County for a declaration of ownership and other reliefs. The ELC dismissed the suit with costs. The applicant then filed a notice of appeal but failed to file the appeal within the prescribed time. The applicant sought an extension of time to file the appeal due to injuries sustained by her counsel.
Issues
- Whether the applicant's application for extension of time to file the appeal should be granted
- Whether the applicant's intended appeal is frivolous
Reasoning
The Court grants the application due to the applicant's substantial injuries sustained by her counsel, which led to a delay in filing the appeal. The Court does not consider the appeal frivolous and notes the greater prejudice to the applicant.
Outcome
The Court grants the application for extension of time to file the appeal.
Orders
- The applicant is directed to file her appeal within 30 days from the date of this ruling
Remedies
- Extension of time to file the appeal
Authorities cited
Cases cited (5)
- Nicholas Kiptoo arap Korir Salat v. IEBC & 7 Others [2014] eKLR
- Kenya Hotel Properties Ltd v. Attorney General & 5 Others [2021] eKLR
- Tononoka Steels Ltd v. The PTA Bank [1998] KECA 226 (KLR)
- Athuman Nusura Juma v. Afwa Mohamed Ramadhan [2016] eKLR
- Imperial Bank Ltd (In Receivership) & Another v. Alnashir Popat & 18 Others [2018] eKLR
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