Okova v Omoka & 2 others (Civil Application E133 of 2022) [2023] KECA 791 (KLR) (23 June 2023) (Directions)
- Court
- Court of Appeal
- Case number
- 791
- Citation
- [2023] KECA 791 (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 and serve notice of appealCoramF. TUIYOTT
Holding
The Court directs the Deputy Registrar to issue fresh Directions to be served upon counsel for the respondents to file a replying affidavit, if any, and submissions within 5 days of the Directions.
Facts
The applicant filed an application for extension of time to file and serve notice of appeal from the High Court's ruling in H.C. Succession Cause No. 163 of 2015. The respondents had not filed any replying affidavit or submissions by the time the matter was placed before the Court.
Issues
- Respondents' failure to file replying affidavit or submissions
- Fairness of proceeding without respondents' response
Reasoning
The Court found that the respondents had not filed any replying affidavit or submissions and that it would not be fair to proceed without giving the respondents a fair chance to respond to the application.
Outcome
The application is granted.
Orders
- Fresh Directions to be served upon counsel for the respondents to file a replying affidavit, if any, and submissions within 5 days of the Directions.
- The file be placed before the Court for preparation of the Ruling at the end of that period.
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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