Purity Kamundi Cilindi v Gatakaa Ntwiga [2019] KECA 56 (KLR)

Facts

The applicant, Purity Kamundi Cilindi, was the widow of the respondent's brother, Simon Kamunde Gideon. She claimed that the succession cause was filed without her knowledge, and her evidence and that of her witness were ignored. She filed a notice of appeal but failed to file the record of appeal within the prescribed time.

Issues

1. Whether to extend time for filing the record of appeal
2. Prejudice to the respondent if the application is granted

Reasoning

The court considered the length of the delay, the reason for the delay, and the degree of prejudice to the respondents. The court found that the delay was not unconscionable or unreasonable and granted leave to file the record of appeal.

Outcome

Leave granted to file and serve the record of appeal within 21 days from the date of this ruling