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Ndegwa v Ndegwa & 2 others (Miscellaneous Application Probate & Administration 6 of 2019) [2025] KEHC 61 (KLR) (15 January 2025) (Ruling)

[2025] KEHC 61 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
61
Citation
[2025] KEHC 61 (KLR)
Decided
15 January 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Application Probate & AdministrationPostureApplication for extension of time to lodge appealCoramAganyanya, DKN MAGARE, KLR J. Mohammed, KLR Odunga, S.C. Wanjala SCJ, Waki
Holding

The court extended the time for the applicant to file his appeal, finding that the reasons for the delay were explained and that the delay was not inordinately long.

Facts

The applicant sought to extend time to file his appeal due to delays in obtaining certified copies of proceedings and the death of a respondent, while the respondent opposed the application citing laches.

Issues

  1. Whether the applicant satisfied the conditions for extending the time to file an appeal.
  2. Whether the court should exercise its discretion to extend the time for appeal.

Reasoning

The court exercised its discretion to extend the time for the appeal, considering the reasons for the delay and the explanations provided by the applicant.

Outcome

The court extended the time for the applicant to file his appeal.

Orders

  • The court extended the time for the applicant to file his appeal.

Authorities cited

Cases cited (4)
  • Thuita Mwangi v Kenya Airways (2003) eKLR
  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
  • Alfred Iduvagwa Savatia v Nandi Tea Estate & another [2018] eKLR
  • Aganyanya, Applicant, DKN MAGARE, KLR J. Mohammed, KLR Odunga, S.C. Wanjala SCJ, Waki
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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