Onyimbo v Kamanja (Civil Appeal E035 of 2024) [2026] KEHC 5746 (KLR) (28 April 2026) (Ruling)
The appeal was filed outside the statutory period without leave of court, and the reasons advanced for the delay were not satisfactory. The only relevant public holiday did not affect the computation of time. The appeal is therefore invalid and must be struck out.
- Citation
- [2026] KEHC 5746 (KLR)
- Parties
- Appellant/respondent: Maurine Aluoch Onyimbo; Respondent/applicant: Esther Wanjiku Kamanja
- Court
- High Court
- Jurisdiction
- Kenya
- Judgment Date
- 28 April 2026
- Case Number
- Civil Appeal E035 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Application to Strike Out Appeal
- Outcome
- appeal struck out
- Legal Topics
- Appeals, Extension of Time, Computation of Time, Leave of Court
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Maurine Aluoch Onyimbo
Appellant/respondent
Esther Wanjiku Kamanja
Respondent/applicant
Procedural Posture
Civil Appeal / Ruling on Application to Strike Out Appeal
Legal Issues
- 1 Whether the appeal was filed within the statutory period
- 2 Whether leave of court was required and obtained for filing appeal out of time
- 3 Whether public holidays affected computation of time for filing appeal
Ratio Decidendi
The appeal was filed outside the statutory period without leave of court, and the reasons advanced for the delay were not satisfactory. The only relevant public holiday did not affect the computation of time. The appeal is therefore invalid and must be struck out.
Court Disposition
appeal struck out
Orders
- The appeal is struck out with costs to the applicant.
- It is so ordered.
Full Case Text
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