Mbugua v Gitau (Civil Application E361 of 2025) [2026] KECA 445 (KLR) (6 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 445
- Citation
- [2026] KECA 445 (KLR)
- Decided
- 6 March 2026
The Court extended the time for filing the Notice of Appeal, finding the delay reasonable given the circumstances.
Facts
The High Court awarded general damages of Kshs.2,000,000/= and aggravated damages of Kshs.500,000/= to the respondent. The applicant failed to file an appeal within the prescribed period due to a breakdown in the advocate-client relationship.
Issues
- Whether the applicant has satisfied the threshold for the exercise of this Court’s discretion under Rule 4 of the Court of Appeal Rules, 2022.
- Whether the delay in filing the appeal is inordinate.
Reasoning
The Court exercised its discretion under Rule 4 of the Court of Appeal Rules, 2022, to extend the time for filing the Notice of Appeal. The applicant explained the delay due to the breakdown in the advocate-client relationship and the subsequent pursuit of review proceedings. The Court found the delay not inordinate.
Outcome
The application for extension of time to file the Notice of Appeal was granted.
Orders
- The application for extension of time to file the Notice of Appeal was granted.
- The applicant was ordered to provide costs of the application.
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2022
- High Court Rules, 2018
Cases cited (8)
- Leo Sila Mutiso v Hellen Wangari Mwangi
- Fakir Mohamed v Joseph Mugambi & Others
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others
- Murimi v Kabiru & 2 Others
- Kipkemoi v Rono
- Mwangi v Njoroge & Another
- Mukabi v Mukabi
- Anastasius H. Kamau v Karen Insurance Brokers Limited
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