Oburon (Being the Adminisratix of the Estate of Obarasa Matiengi) v Omuse (Civil Application E032 of 2020) [2022] KECA 866 (KLR) (22 July 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 866
- Citation
- [2022] KECA 866 (KLR)
- Decided
- 22 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file Notice of AppealCoramF. TUIYOTT, JA
Holding
The Court allows the application for extension of time and grants leave to file the Notice of Appeal out of time.
Facts
The applicant, Oburon, was aggrieved by the decision of Hon. Omollo, J delivered on 2nd December, 2021 in Environment & Land Court Case No. 48 of 2019. The applicant sought to appeal against the decision but was late in filing the Notice of Appeal.
Issues
- Whether the applicant is entitled to an extension of time to file the Notice of Appeal
- Whether the reasons for the delay in filing the Notice of Appeal are sufficient to justify an extension
Reasoning
The Court exercised its discretion in favour of the applicant due to the reasonable length of the delay and the lack of prejudice to the respondent.
Outcome
The Court grants the application for extension of time to file the Notice of Appeal.
Orders
- The applicant is granted leave to file the Notice of Appeal out of time
- The applicant is required to file and serve the Notice of Appeal within 14 days
- The applicant is required to institute and serve the appeal within 60 days of the date of this ruling
Remedies
- Costs shall be in the appeal
Authorities cited
Cases cited (1)
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi – Civil Application No. Nai 251 of 1997
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…