Eldoret Express Co. Ltd & another v Silvance Ojwang Odero [2014] KECA 431 (KLR)
- Court
- Court of Appeal
- Case number
- 431
- Citation
- [2014] KECA 431 (KLR)
- Decided
- 23 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to appeal from the judgment of the High Court of Kenya at KitaleCoramJ.W. ONYANGO OTIENO
Holding
The application is granted. The applicants have Ten (10) days of the date hereof to file Notice of Appeal and thereafter sixty (60) days from the date of filing the Notice of Appeal to file record of Appeal.
Facts
Eldoret Express Co. Ltd and Enock Kiptoo filed an application for leave to appeal against the judgment of Karanja, J. at Kitale HCCC No. 59 of 2011. The applicants did not file a Notice of Appeal within the required time due to an inadvertent action by their advocates.
Issues
- Whether the applicants have demonstrated all matters required to be taken into account when considering an application for leave to appeal
- Whether the delay in filing the Notice of Appeal is justified
Reasoning
The court accepted the explanation for the delay in filing the Notice of Appeal and granted the application as the applicants have demonstrated all matters required to be taken into account.
Outcome
Application granted
Orders
- Ten (10) days to file Notice of Appeal
- Sixty (60) days from the date of filing the Notice of Appeal to file record 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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