Tom Lukalo v Beatrice Lukalo & another [2011] KECA 259 (KLR)
- Court
- Court of Appeal
- Case number
- 259
- Citation
- [2011] KECA 259 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to lodge an appeal out of timeCoramE. M. GITHINJI
Holding
The application is allowed with costs in the appeal.
Facts
The estate of Ezekiel Lukalo Aluda was administered by Beatrice Lukalo and Margaret Osolika. The applicant, Tom Lukalo, claims he was not informed about assets in the estate and was not served to attend court for the confirmation of the grant. He also claims he was not given a share in the estate.
Issues
- Whether the applicant's application for extension of time to lodge an appeal out of time should be granted.
- Whether the applicant would suffer loss if the application is not allowed.
Reasoning
The Court is satisfied that the intended appeal is arguable and the applicant would suffer loss if the application is not allowed. The inordinate delay has not been satisfactorily explained, but the Court has discretion to allow the application.
Outcome
The application is allowed with costs in the appeal.
Orders
- The applicant to file and serve a notice of appeal within 7 days from the date hereof.
- The applicant to serve and file a record of appeal within 21 days from date of service of the notice of appeal.
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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