Dishon v Oyugi (Civil Application E248 of 2023) [2024] KECA 406 (KLR) (26 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 406
- Citation
- [2024] KECA 406 (KLR)
- Decided
- 26 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve the Record of AppealCoramJM NGUGI, Kullow
Holding
The Court allows the application and permits the applicant to file and serve a memorandum and record of appeal within seven days from the date of the ruling.
Facts
The applicant filed a suit against the respondent at the Rongo Principal Magistrate's Court for vacant possession of two parcels of land. The suit was dismissed, and the applicant appealed to the Migori Environment and Land Court.
Issues
- Whether the delay in filing the appeal is inordinate
- Whether the appeal should be deemed properly filed
Reasoning
The Court finds the delay excusable due to the applicant's loss of contact with his lawyers and the death of three family members, and the appeal is not an idle one.
Outcome
The application is granted.
Orders
- The applicant is permitted to file and serve a memorandum and record of appeal within seven days from the date of the ruling.
- There will be no order as to costs.
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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