Lugalia v Onyino & 5 others (Civil Application E123 of 2021) [2021] KECA 314 (KLR) (17 December 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 314
- Citation
- [2021] KECA 314 (KLR)
- Decided
- 17 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file notice and record of appealCoramA. MBOGHOLI MSAGHA
Holding
The application is allowed, and the applicant is ordered to file the notice of appeal within 7 days and the record of appeal within 60 days thereafter.
Facts
The applicant, an 89-year-old person, was unable to file the notice and record of appeal due to restricted movements caused by the Covid-19 pandemic. The judgment was delivered on November 13, 2019, and the application was filed in August 2020.
Issues
- Whether the delay in filing the notice and record of appeal is inordinate.
- Whether the applicant has raised an arguable appeal.
Reasoning
The court found the delay in filing the notice and record of appeal to be inordinate but considered the applicant's reasons plausible. The court also found that the applicant has raised an arguable appeal.
Outcome
Application allowed
Orders
- The applicant shall file the notice of appeal within 7 days of the ruling.
- The applicant shall file the record of appeal within 60 days of the notice of appeal.
- The respondents shall have the costs of the application.
Remedies
- Extension of time to file notice and 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.
Loading judgment…