Peter Mabuka alias Orucho Osugu v Richard Omare Murega sued as administrator of the Estate of the late Eresta Mongina Murega (Civil Application E134 of 2021) [2022] KECA 113 (KLR) (11 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 113
- Citation
- [2022] KECA 113 (KLR)
- Decided
- 11 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to lodge a notice of appeal out of timeCoramF. TUIYOTT, JA
Holding
The Court exercises its discretion and allows the Notice of Motion, granting leave to lodge the Notice of Appeal out of time.
Facts
The applicant, Peter Mabuka alias Orucho Osugu, sought to have his counter claim amended and mounted an application for leave to do so in Kisii Environment and Land Court (ELC). The ELC dismissed the application with costs to the respondent. The applicant discovered the failure to lodge the Notice of Appeal on time on or about 20th August, 2021.
Issues
- Whether the Court should extend the time for lodging the Notice of Appeal
- Whether the delay in lodging the Notice of Appeal was reasonable and justifiable
Reasoning
The Court considers the delay to be reasonable and justifiable, given the circumstances and the explanation provided by the applicant's counsel.
Outcome
Leave granted to lodge the Notice of Appeal out of time.
Orders
- The Notice of Appeal is to be filed and served within 14 days of the date of this Ruling.
- Costs shall abide the intended 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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