Mwamba & another v Mbae (As the Legal Representative of the Estate of Silas Judah Mbae (Deceased) & 2 others; Land Registrar, Imenti North & 4 others (Affected Party) (Civil Appeal (Application) E099 of 2024) [2026] KECA 70 (KLR) (30 January 2026) (Ruling)

Facts

The applicants sought an extension of time to file and serve their record of appeal from the judgment of the Environment and Land Court in Meru, due to a system downtime and the death of the applicants' father-in-law, which caused a delay in filing the record of appeal.

Issues

1. Whether there was inordinate delay in filing the record of appeal
2. Whether the application for extension of time should be granted

Reasoning

The Court found that the one-day delay in filing the record of appeal was not inordinate and was explained by the applicants' involvement in dealing with the illness and demise of their father-in-law. The application was filed two days after the filing of the record of appeal.

Outcome

The application for extension of time to file the record of appeal is allowed.