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Kenya decisions
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Gachuki v Kiunyu [2025] KECA 1316 (KLR)
The Court of Appeal dismissed an application to extend time to file a notice of appeal, finding the applicant had not adequately explained the delay.
Shikunzi v Zarembka & another [2025] KECA 1315 (KLR)
The Court of Appeal allowed an application to extend time to file and serve a notice of appeal, finding the 47-day delay was not inordinate and the intended appeal arguable.
Mwakuzimu & another v Germano Chincherini Foundation (The Registered Trustee) [2025] KECA 1335 (KLR)
The Court of Appeal struck out an application for extension of time, holding that no notice of appeal on record meant there was no jurisdiction to grant relief.
Mrema v Choke & 8 others [2025] KECA 1334 (KLR)
The Court found that the applicant failed to demonstrate that a notice of appeal was properly lodged with the Registrar of the superior court as required by the rules, nor was there evidence that the letter bespeaking proceedings was served on the respondent. The absence of a properly filed notice of appeal is a jurisdictional defect that deprives the Court of the power to entertain the application for extension of time. The Court emphasized that, regardless of the reasons for delay or the merits of the intended appeal, the mandatory requirement of a notice of appeal is not fulfilled, and thu…
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Chege & another (Suing as the Personal Representative of Paul Ngigi Mungai) v Kimani & 2 others (Suing as Representatives of Hallelluyah Gospel Church Karuri) [2025] KECA 1327 (KLR)
The court found that the delay in lodging the notice of appeal was occasioned by a mistake of counsel, specifically the failure to pay for the notice despite timely uploading on the e-filing portal. The applicants demonstrated diligence by following up on the status of their appeal and promptly rectifying the omission. The delay of approximately one month was not considered inordinate, and the application for extension of time was brought without undue delay. The respondent failed to show any prejudice that would result from granting the extension. The court exercised its discretion under Rul…
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Muriithi & another (Suing as Administrators of the Estate of Monica Wangeci Muriithi - Deceased) v Car & General (Trading) Limited & another [2025] KECA 1303 (KLR)
The Court of Appeal allowed an application to extend time to file a notice of appeal, finding the delay of under two months not inordinate and not prejudicial.
Ambe v Mukayagi [2025] KEHC 9972 (KLR)
The High Court extended time for filing a notice of appeal and granted a stay of execution for costs after finding the delay was reasonably explained.
Gatobu v Gacheri [2025] KECA 1271 (KLR)
The Court of Appeal dismissed an application to extend time for filing a notice of appeal, finding the nine-month delay unexplained and service requirements unmet.
Langat v Langat [2025] KECA 1239 (KLR)
The Court of Appeal dismissed an application to file an appeal out of time, finding the delay was not satisfactorily explained and no valid notice of appeal was on record.
In re Estate of Francis Maina Karaibu (Deceased) [2025] KEHC 9984 (KLR)
The court found that the applicants failed to provide a satisfactory explanation for the delay of over a year in seeking extension of time to file a notice of appeal. The record showed that the applicants were aware, or ought to have been aware, of the judgment date as it was given in open court and uploaded to the e-filing portal, which notifies parties of such events. The applicants did not act diligently after learning of the judgment, nor did they promptly indicate their intention to appeal or seek a stay. The court emphasized that extension of time is an equitable remedy, not a right, an…
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