Rebecca Moraa Ongaki v Juvinallis Onsando Ogumbo [2021] KECA 809 (KLR)
- Court
- Court of Appeal
- Case number
- 809
- Citation
- [2021] KECA 809 (KLR)
- Decided
- 19 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file notice of appeal and record of appeal out of timeCoramR. N. Nambuye
Holding
The application is allowed, and the applicant is granted fourteen days to file a notice of appeal and sixty days to file a record of appeal.
Facts
Rebecca Moraa Ongaki, as administratrix of the estate of the late Christopher Ongaki Nyangunia, filed a notice of appeal on his behalf against a decision in Kisii HCC No. 92 of 2005. The deceased passed away before the appellate process could be completed.
Issues
- Whether the delay in initiating the appellate process was deliberate or excusable
- Whether the intended appeal is arguable
Reasoning
The delay was due to the deceased's death, which was beyond the applicant's control. The intended appeal is arguable as it challenges the trial judge's misdirected decisions.
Outcome
Application allowed
Orders
- Applicant has fourteen days to file a notice of appeal
- Applicant has sixty days to file a 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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