Ngetich v Cheptoo & 2 others (Civil Application E206 of 2025) [2026] KECA 569 (KLR) (16 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 569
- Citation
- [2026] KECA 569 (KLR)
- Decided
- 16 March 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution from the judgment of the Environment and Land Court of KenyaCoramJM MATIVO, L. N. Waithaka
Holding
The application is allowed, and the applicant is directed to file his notice of appeal within 7 days from the date of the judgment and thereafter file his appeal within 30 days.
Facts
The applicant, Paul Barkebo Cheptoo, seeks to file a valid notice of appeal out of time against the judgment of the Environment and Land Court of Kenya at Kabarnet dated 30th September 2025, and to have the notice of appeal filed by his previous advocates deemed as duly filed and properly on record.
Issues
- Whether the application for extension of time to file a valid notice of appeal out of time is granted.
- Whether the notice of appeal filed by the applicant's current advocates is deemed as duly filed and properly on record.
Reasoning
The court finds that the delay in filing the notice of appeal was due to the omission to sign the notice, which is an acceptable explanation. The delay is not inordinate.
Outcome
The application is granted.
Orders
- The applicant is directed to file his notice of appeal within 7 days from the date of the judgment.
- The applicant is directed to file his appeal within 30 days from the date of the notice of appeal.
Remedies
- Extension of time to file a valid notice of appeal out of time.
- Recognition of the notice of appeal filed by the applicant's current advocates as duly filed and properly on record.
Authorities cited
Legislation (2)
- Court of Appeal Rules 2022
- Land Registration Act 2012
Cases cited (1)
- Nicholas Kiptoo Arap Korir Salat vs. Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR
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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