Otwere v Kotecha (Civil Appeal 44 of 2021) [2021] KECA 78 (KLR) (8 October 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 78
- Citation
- [2021] KECA 78 (KLR)
- Decided
- 8 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for Extension of Time to file and serve Notice and Record of AppealCoramF. Sichahe
Holding
The Court extends time for 14 days for the applicant to file and serve the Record of Appeal and maintains the status quo pending the appeal.
Facts
Bertha Naliaka Otwere, the widow of the late Justo Otwere Sabala, filed a suit in the High Court. After her husband's death, she applied for substitution. The respondent, Ramesh Kotecha, was represented by different law firms over the years. Otwere's appeal was dismissed due to lack of prosecution, and she sought to extend time to file and serve the Record of Appeal.
Issues
- Whether the Notice of Appeal was properly lodged and served on time.
- Whether the applicant's delay in filing the Record of Appeal was reasonable.
- Whether the applicant would suffer prejudice if the appeal is allowed.
Reasoning
The Court finds the delay reasonable and sufficient reasons have been given. The applicant would suffer great prejudice if the appeal is not allowed.
Outcome
The application is granted.
Orders
- Extension of time for 14 days for the applicant to file and serve the Record of Appeal.
- Maintenance of the status quo pending the appeal.
- The costs of this application are provided for.
Remedies
- Extension of time for the applicant to file and serve the 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.
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