Omoso & another v Kebaso & 2 others (Civil Application E004 of 2023) [2023] KECA 606 (KLR) (26 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 606
- Citation
- [2023] KECA 606 (KLR)
- Decided
- 26 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file a notice and record of appealCoramM Mumbi Ngugi
Holding
The application has no merit and is dismissed with no order as to costs.
Facts
The applicants failed to file a notice of appeal within the stipulated time due to not being notified of the judgment and being misled by the respondents.
Issues
- Whether the applicants' application for extension of time to file a notice of appeal should be granted.
- Whether the applicants' appeal has merit.
Reasoning
The Court found that the applicants did not file their notice of appeal within the stipulated time due to not being notified of the judgment and being misled by the respondents. The Court noted that the applicants did not tender any evidence before the trial court and that the chances of success of the appeal do not seem too high.
Outcome
Dismissed with no order as to costs
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (1)
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi (Civil Application No. Nai. 251 of 1997 (UR))
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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