[2025] KECA 1312 (KLR)
The court found that it could not proceed to determine the application for extension of time due to incomplete documentation provided by the applicant, who is a lay person. The court exercised its discretion to grant the applicant an opportunity to file a further affidavit with the required documents, including the...
Source-derived case information.
- Citation
- [2025] KECA 1312 (KLR)
- Parties
- Applicant: Gathuku Kamau Mwangi; Respondent: Harrison Gathuku Muhia; Respondent: Joseph Peter Kamande
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E306 of 2024
- Procedural Posture
- Miscellaneous Application / Application for Extension of Time to Bring an Application of Substitution Out of Time in an Intended Appeal
- Outcome
- Further directions issued; application not determined on merits.
- Judges
- F Tuiyott
- Legal Topics
- Extension of Time, Substitution of Parties, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gathuku Kamau Mwangi
Applicant
Harrison Gathuku Muhia
Respondent
Joseph Peter Kamande
Respondent
Procedural Posture
Miscellaneous Application / Application for Extension of Time to Bring an Application of Substitution Out of Time in an Intended Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to bring an application for substitution out of time in the intended appeal.
- 2 Whether the applicant has provided sufficient documentation and explanation to support the application.
Ratio Decidendi
The court found that it could not proceed to determine the application for extension of time due to incomplete documentation provided by the applicant, who is a lay person. The court exercised its discretion to grant the applicant an opportunity to file a further affidavit with the required documents, including the ruling and court notes referenced in the initial affidavit. The court also scheduled a virtual appearance for clarifications, emphasizing the need for procedural compliance and complete records before making a substantive determination on the application.
Court Disposition
Further directions issued; application not determined on merits.
Orders
- The applicant shall within 14 days file and serve a further affidavit attaching the ruling of Murgor J.A dated 5th May 2020 and a complete copy of the notes and order of the Court of 28th February 2023 in Civil Appeal (Application) No. 359 of 2019.
- Parties and counsel shall make a virtual appearance before the judge on 18th September 2025 at 9.00 a.m. for clarifications.
Full Case Text
Judgment text and source record
20 paragraphs
Mwangi v Kamande & another (Civil Application E306 of 2024) [2025] KECA 1312 (KLR) (18 July 2025) (Order)
Neutral citation: [2025] KECA 1312 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application E306 of 2024
F Tuiyott, JA
July 18, 2025
Between
Gathuku Kamau Mwangi
Applicant
and
Harrison Gathuku Muhia
1st Respondent
Joseph Peter Kamande
2nd Respondent
(Being an application for extension of time to bring an application of substitution out of time in an intended appeal against the judgment of the High Court of Kenya at Nairobi, Family Division (Musyoka, J.) delivered on 20th September 2018 in Succession Cause No. 2775 of 2004)
Order
1. When I settled down to craft a Ruling herein, it became apparent to me that it will not be an easy task as the affidavit to the application dated 12th June 2024 drawn by the applicant, a lay person, has incomplete documents. So I make the following orders;1. The applicant shall within14 days hereof file and serve a further affidavit attaching the following;a.A copy of the Ruling of Murgor J.A dated 5th May 2020 referred to in paragraph 2 of the said affidavit.b.A complete copy of the notes of this Court of 28th February 2023 in Civil Appeal (Application) No. 359 of 2019 and a complete copy of the order of the Court of that day.
2. As I require certain clarifications regarding the application and replying affidavit, the parties and counsel shall make a virtual appearance before me on 18th September, 2025 at 9. 00 a.m. This is a far date as I am currently on medical leave.
DATED AND DELIVERED AT NAIROBI THIS 18TH DAY OF JULY 2025. F. TUIYOTT………………………………JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR.