One Step Family Group v Njenga & another (In their capacity as representatives of the Estate of Peter Njenga Ringiria) (Environment and Land Miscellaneous Application E183 of 2022) [2022] KEELC 13498 (KLR) (5 October 2022) (Judgment)

Summary at a glance

Facts

The applicant sought leave to file a memorandum of appeal out of time against the ruling of the magistrate delivered on June 24, 2022, due to the counsel's maternity leave. The applicant also claimed that their pleadings were amended before the trial court but were denied.

Issues

• Whether the applicant should be granted leave to file an appeal out of time
• Whether the applicant has shown good cause for the delay

Reasoning

The court found a plausible explanation for the delay due to the counsel's maternity leave and considered the applicant's averment that any prejudice can be cured by costs. The court held that the right to appeal is a constitutional right but retains unfettered discretion in granting leave to file an appeal out of time.

Outcome

Allowed

Orders

• The memorandum of appeal must be filed and served within 14 days from the date of delivery of this ruling
• The applicant is condemned to pay costs of the suit

Remedies

• Extension of time to file an appeal

Authorities cited