Beatrice Okoth v Francis Pius Omweri Nyaberi & Rebecca Nyaboke Omweri t/a Topland Motors and General Agencies [2018] KECA 557 (KLR)
- Court
- Court of Appeal
- Case number
- 557
- Citation
- [2018] KECA 557 (KLR)
- Decided
- 18 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file and serve a Record of Appeal out of timeCoramR.N. NAMBUYE
Holding
The application is allowed on the following terms: the applicant has 14 days from the date of the ruling to file and serve a Notice of Appeal, and the respondents will have costs of the application to be agreed or taxed.
Facts
The applicant Beatrice Okoth sought leave to file and serve a Record of Appeal out of time against the Judgment of the Environment and Land Court of Kenya at Machakos. The Judgment was delivered on the 23rd November, 2017, but the applicant was not informed of it until January 2018.
Issues
- Whether the intended appeal is meritorious
- Whether the applicant has a serious question of law or fact to take up on appeal
Reasoning
The court found merit in the application, considering the applicant's reasonable explanation for the delay and the validity of the intended appeal.
Outcome
The application is allowed.
Orders
- The applicant has 14 days from the date of the ruling to file and serve a Notice of Appeal.
- The respondents will have costs of the application to be agreed or taxed.
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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