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Jethwa v Luhar (Civil Application E665 of 2025) [2026] KECA 479 (KLR) (6 March 2026) (Ruling)

[2026] KECA 479 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
479
Citation
[2026] KECA 479 (KLR)
Decided
6 March 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file and serve Notice of Appeal and Memorandum of Appeal out of timeCoramJ. O. Okello
Holding

The application for leave to file and serve the Notice and Memorandum of Appeal out of time is granted

Facts

The applicant, Amitjayant Jethwa, applied for an extension of time to file and serve the Notice and Memorandum of Appeal against the judgment of the High Court in Nairobi High Court Civil Appeal No. E537 of 2023. The applicant claimed the delay was due to financial constraints and health challenges.

Issues

  1. Whether the applicant's application for extension of time should be granted
  2. Whether the applicant's appeal raises serious and arguable issues of law and fact

Reasoning

The court granted the application on the grounds that the delay was not deliberate and that the applicant had valid reasons for the delay.

Outcome

The application for leave to file and serve the Notice and Memorandum of Appeal out of time is granted

Orders

  • The applicant is granted leave to file and serve the Notice and Memorandum of Appeal out of time
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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