Oongo v Chore & 2 others (Civil Application E136 of 2022) [2023] KECA 782 (KLR) (23 June 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 782
- Citation
- [2023] KECA 782 (KLR)
- Decided
- 23 June 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file record of appealCoramF. TUIYOTT
Holding
The application is dismissed with costs as the delay in filing the appeal was not satisfactorily explained and the Notice of Appeal was not served on the respondents.
Facts
The applicant, Antipa Molo Oongo, was the plaintiff in Siaya ELC Case No. 54 of 2021. He was dismissed with costs by Justice AY Koross on February 17, 2022. He sought to appeal but was late in filing the appeal due to a serious accident.
Issues
- Whether the applicant's appeal was timely filed
- Whether the Notice of Appeal and the letter bespeaking the proceedings were served on the respondents
Reasoning
The Court found that the applicant's delay in filing the appeal was not explained and that the Notice of Appeal was not served on the respondents, making the appeal not competent.
Outcome
Application dismissed with costs
Orders
- Extension of time to file record of appeal is denied
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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