Gwaya (Suing as the Personal Representative of the Estate of Mwinyi Rama Gwaya) v Kivuti & another (Civil Application E048 of 2025) [2026] KECA 80 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 80
- Citation
- [2026] KECA 80 (KLR)
- Decided
- 30 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file the Notice of Appeal and Record of Appeal out of timeCoramAK MURGOR
Holding
The application for extension of time to file the Notice of Appeal and Record of Appeal out of time is dismissed with costs to the 1st Respondent.
Facts
The applicant, Said Ramadhani Gwaya, was informed recently of the judgment against him, and his illiteracy or semi-illiteracy prevented him from knowing the delivery of the judgment. He retained new counsel who obtained copies of the judgment on 30th April 2025.
Issues
- Whether the applicant has explained the delay in filing the appeal
- Whether the intended appeal has any chances of success
- Whether the respondents will be prejudiced by the late filing of the appeal
Reasoning
The applicant failed to provide a sufficient explanation for the delay in lodging the Notice and Record of appeal. The intended appeal lacks a holistic set of reasons for which the learned judge was in error.
Outcome
Application dismissed
Orders
- The application for extension of time to file the Notice of Appeal and Record of Appeal out of time is dismissed
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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