Baya & another v Kithuku (Civil Application E030 of 2025) [2026] KECA 51 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 51
- Citation
- [2026] KECA 51 (KLR)
- Decided
- 30 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to lodge a Memorandum of Appeal and Record of AppealCoramAK MURGOR
Holding
The Court extended time for lodging the Memorandum and Record of Appeal.
Facts
The Applicants, Julius Yaa Baya and Linus Charo Jefwa, sought an extension of time to lodge a Memorandum of Appeal and Record of Appeal against the Judgment and Decree of the Environment and Land Court delivered on 3rd April 2025. They claimed the delay was due to an inadvertent misplacement of their court file.
Issues
- Whether the Applicants' application for extension of time to lodge a Memorandum of Appeal and Record of Appeal should be granted.
- Whether the Applicants' appeal has sound prima facie grounds of appeal with prospects of success.
Reasoning
The Court exercised its discretion to extend time for lodging the Memorandum and Record of Appeal, finding that the delay was satisfactorily explained and that the appeal had sound prima facie grounds.
Outcome
The Court extended time for lodging the Memorandum and Record of Appeal.
Orders
- Time be and is hereby extended for lodging the Memorandum and Record of appeal.
- The Memorandum and Record of appeal to be lodged and served within 14 days of this Court's order.
- Costs in the appeal.
Remedies
- Extension of time to lodge the Memorandum and Record of Appeal.
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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