Okulula v Fichaka (Civil Application E044 of 2023) [2023] KECA 1309 (KLR) (27 October 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1309
- Citation
- [2023] KECA 1309 (KLR)
- Decided
- 27 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file notice of appeal and record of appealCoramM. Ngugi, J., P. J. Otieno, J.
Holding
The application is adjourned to allow the respondent an opportunity to be heard.
Facts
The applicant, Henry Okato Okulula, sought an extension of time to file a notice of appeal and record of appeal due to the unavailability of the court file and delays in tracing it. The matter was due for ruling on November 14, 2022, but the court file could not be traced.
Issues
- Whether the applicant is entitled to an extension of time to file a notice of appeal and record of appeal
- Whether the respondent will be prejudiced if the application is allowed
Reasoning
The court found that the applicant did not serve the respondent and that the respondent had not submitted any response or submissions. The court directed that the application be served on the respondent and listed for further hearing.
Outcome
The application is adjourned.
Orders
- Application adjourned to allow the respondent an opportunity to be heard
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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