ROSE NYABOKE OTONDI vs TOM MURUNGA [1998] KECA 120 (KLR)

Facts

Rose Nyaboke Otondi sued Tom Murunga over a traffic accident in which her husband was killed. The case proceeded ex parte, and the High Court awarded damages to Otondi. Murunga filed an application to set aside the judgment, which was denied. He then filed a notice of appeal, which was later withdrawn. Murunga filed another motion seeking a stay of the judgment, which was wrongly marked as a record of appeal.

Issues

1. Whether the applicant is entitled to leave to file a notice of appeal out of time
2. Whether the applicant is entitled to leave to file a record of appeal out of time

Reasoning

The court finds that a notice of appeal was filed within time, but the record of appeal was not filed within time due to the applicant's mistake. The court grants leave to file the record of appeal out of time but not the notice of appeal.

Outcome

The court grants the applicant leave to file a record of appeal out of time but not a notice of appeal out of time.