Julius Ochieng Oloo & another v Lilian Wanjiru Gitonga [2018] KECA 581 (KLR)
- Court
- Court of Appeal
- Case number
- 581
- Citation
- [2018] KECA 581 (KLR)
- Decided
- 25 May 2018
The application is allowed and time is extended. The notice of appeal filed on 5th September, 2017 and the record of appeal filed on 4th May, 2018 are deemed to be properly filed.
Facts
The applicants filed a High Court Judicial Review Application No. 1355/2011 for an order of mandamus which was dismissed. The applicants then filed an ELC suit No. 225 of 2011 claiming the same property, which was dismissed. The applicants filed an application for review of the order of dismissal but it was dismissed. The applicants intend to appeal against the dismissal of the review application.
Issues
- Whether the applicants can file an appeal out of time
- Whether the applicants have an inordinate delay in filing the application
- Whether the respondent will suffer undue prejudice if time is extended
Reasoning
The applicants filed the appeal within three days after learning of the ruling and the delay is not inordinate. The applicants have been litigating over the property for a long time, and it is in the interest of justice to finally resolve the dispute.
Outcome
The application is allowed.
Orders
- The notice of appeal filed on 5th September, 2017 and the record of appeal filed on 4th May, 2018 are deemed to be properly filed.
Remedies
- The applicants shall pay the costs of this application to the respondent.
Authorities cited
Cases cited (3)
- Rule 12(1) of this Court’s Rules, 2010
- Wasike v. Swala [1984] KLR 591
- Article 159(2) of the Constitution
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