John Michael Wanjao v George Kimetto, Alubala Abenayo Andambi & County Land Registrar (Uasin Gishu) (Civil Application 32 of 2014) [2014] KECA 419 (KLR) (25 July 2014) (Ruling)
- Court
- Court of Appeal
- Case number
- 419
- Citation
- [2014] KECA 419 (KLR)
- Decided
- 25 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks leave to file and serve record of appeal out of timeCoramJ.W. ONYANGO OTIENO
Holding
The application is allowed, and the applicant is granted fifteen (15) days from the date of the ruling to file and serve the record of intended appeal.
Facts
The applicant filed a Notice of Appeal on 27th February 2014, but the sixty days required for filing the record of appeal had expired due to the court not responding to his request for certified copies of proceedings.
Issues
- Whether the applicant's delay in filing the record of appeal is reasonable
- Whether the applicant's appeal has a high chance of success
Reasoning
The court accepted the applicant's explanation for the delay and found it reasonable given the circumstances, including the lack of a response from the court regarding the readiness of the proceedings.
Outcome
The application is allowed.
Orders
- Granting the applicant fifteen (15) days from the date of the ruling to file and serve the record of intended appeal
Remedies
- Costs to be in the intended 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.
Loading judgment…