Ochido v Awino (Civil Application E100 of 2022) [2023] KECA 37 (KLR) (3 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 37
- Citation
- [2023] KECA 37 (KLR)
- Decided
- 3 February 2023
The application is dismissed without costs as it is without merit and inordinate.
Facts
The applicant, Killion N Ochido, was a lay litigant who was not familiar with the process of receiving judgments via email. He was not informed that the judgment in Kisumu ELC Misc. No. 24 of 2016 was delivered on 18th May, 2021, and did not receive a copy of the judgment until 21st September, 2021. He contends that he fell ill and was unable to communicate with his advocate, delaying instructions on filing an appeal.
Issues
- Whether the applicant's delay in filing an appeal was due to lack of knowledge of court processes and the COVID-19 pandemic.
- Whether the Court should grant an extension of time to file the notice of appeal out of time.
Reasoning
The Court found that the applicant's delay in filing the appeal was due to his limited knowledge of court processes and the COVID-19 pandemic. However, the Court dismissed the application as it was brought 282 days after the applicant's admission of knowledge of the judgment and was inordinate.
Outcome
The application is dismissed without costs.
Orders
- The application is dismissed without costs.
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