Kennedy Odhiambo Owiti (Practicing as Odhiambo Owiti & Company Advocates) v Jane A. Staussi, Betty O. Asunah (Practicing as Staussi & Asunah Advocates) [2021] KECA 900 (KLR)
- Court
- Court of Appeal
- Case number
- 900
- Citation
- [2021] KECA 900 (KLR)
- Decided
- 19 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file record appealCoramW. Ouko, (P)
Holding
The Court extended the time to file the record of appeal and deemed it properly filed, allowing the appeal to proceed on its merits.
Facts
The applicant sought enforcement of a professional undertaking given by the respondents, but the High Court dismissed the suit. The applicant filed a notice of appeal and sought certified copies of the proceedings, but the record of appeal was filed 12 days late.
Issues
- Whether the 12-day delay in filing the record of appeal was inordinate.
- Whether the delay was sufficiently explained by the applicant.
Reasoning
The Court found the delay not inordinate and sufficiently explained by the applicant's inadvertent miscalculation of the filing period. The Court exercised its discretion to consider the appeal on its merits.
Outcome
The applicant's application for extension of time was granted.
Orders
- Extend the time to file the record of appeal and deem it properly filed.
Remedies
- Allow the appeal to proceed on its merits.
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…