Lukwa (Suing as the Legal Representative of the Estate of the Late Julius Muhambi Amayi (Deceased) v Imbuusi (Civil Appeal (Application) E155 of 2025) [2026] KECA 92 (KLR) (29 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 92
- Citation
- [2026] KECA 92 (KLR)
- Decided
- 29 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve the record of appealCoramL. KIMARU
Holding
The application is allowed, and the applicant is granted leave to file and serve the record of appeal out of time within 21 days of the judgment.
Facts
The applicant, Agnes Nyaloya Lukwa, sought to extend the time to file and serve the record of appeal due to an interlocutory application before the trial court to stay the execution of a judgment and decree.
Issues
- Whether the applicant's delay in filing the record of appeal was excusable
- Whether the applicant should be granted leave to file and serve the record of appeal out of time
Reasoning
The Court found the explanation for the delay excusable due to the applicant's distraction in pursuing an interlocutory application to stay the execution of the judgment. The period of delay was not inordinate.
Outcome
The application is allowed.
Orders
- The applicant is granted leave to file and serve the record of appeal out of time within 21 days of the judgment.
- The respondent is ordered to bear the costs of the application.
Remedies
- Extension of time to file and serve the 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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