Grace Jelei Boit v Sammy Some Kosgei [2015] KECA 569 (KLR)
- Court
- Court of Appeal
- Case number
- 569
- Citation
- [2015] KECA 569 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent seeks to strike out the appeal and appellant seeks leave to file and serve Record of appeal out of time.CoramD. K. MARAGA, D. K. MUSINGA, S. GATEMBU KAIRU, FCIArb
Holding
The appeal is not struck out as the sixty days period did not run from the date of filing the appeal.
Facts
Respondent initiated a suit in the High Court at Eldoret against the appellant, the administrator of the estate of Abraham Kimitei Boit, deceased, seeking a declaration that he is the owner of two portions of land.
Issues
- Whether the appeal was lodged out of time.
- Whether the sixty days period for filing the appeal did not run due to delay in notification.
Reasoning
The court found that the sixty days period did not run from 13 February 2013 to 27 January 2014 due to delay in notification, and the appeal was filed within the period.
Outcome
Both applications are dismissed.
Orders
- The respondent's application to strike out the appeal is dismissed.
- The appellant's application for leave to file and serve Record of appeal out of time is unnecessary and dismissed.
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…