Oketch v Jamba & 3 others (Civil Application E036 of 2024) [2024] KECA 1244 (KLR) (20 September 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1244
- Citation
- [2024] KECA 1244 (KLR)
- Decided
- 20 September 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to lodge and serve Notice of Appeal and Record of Appeal out of timeCoramJM NGUGI, Koross
Holding
The application is dismissed with costs to the respondents
Facts
The applicant was the plaintiff in a suit seeking adverse possession against the respondents. The suit was dismissed by the learned Judge on 30th January, 2022. The applicant was dissatisfied with the judgment and intended to appeal, but was unable to do so due to his indigent status and lack of finances to hire a lawyer.
Issues
- Whether the applicant should be allowed to lodge and serve the Notice of Appeal and Record of Appeal out of time
- Whether the applicant's narrative about being indigent and unable to hire a lawyer is credible
Reasoning
The applicant's delay in bringing the application for extension of time is inordinate and not satisfactorily explained. The applicant's proffered reason for delay is unpersuasive.
Outcome
Dismissed
Orders
- The application dated 4th February, 2024 is hereby dismissed with costs to the respondents
Authorities cited
Cases cited (3)
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission and 7 others [2015] eKLR
- University of Eldoret & another v Hosea Sitinei & 3 others [2020] eKLR
- Edith Gichungu Koine v Stephen Njagi Thoithi [2014] eKLR
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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