Lagagen (Suing as the legal representative of Kumin Kimining) v Kimining & another (Civil Application E067 of 2023) [2024] KECA 457 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 457
- Citation
- [2024] KECA 457 (KLR)
- Decided
- 12 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file a notice and record of appealCoramW. KORIR
Holding
The application is allowed, and the notice of appeal is extended for the applicant to file her notice of appeal.
Facts
Eunice Lagagen, suing as the legal representative of Kumin Kimining, seeks to extend the time to file an appeal against the judgment of A. O. Ombwayo, J. in ELC No. 21 of 2020. She claims she was born in 1954 and was unable to file the appeal due to a breakdown and old age.
Issues
- Whether the applicant's application for extension of time to file an appeal is meritorious
- Whether the respondents will suffer prejudice if the application is granted
Reasoning
The court finds the applicant's explanation satisfactory given the period of delay and the adverse outcome of the judgment, and there is no prejudice to the respondents.
Outcome
The application is allowed.
Orders
- Time for filing the notice of appeal is extended for the applicant to file her notice of appeal.
- The notice of appeal dated 3rd August 2023 is marked as duly filed.
- The time for all other activities consequent to the filing of a notice of appeal shall be in accordance with the Court of Appeal Rules.
- The costs of the application to abide the outcome of the intended appeal.
Authorities cited
Legislation (1)
- Court of Appeal Rules, 2022
Cases cited (3)
- Sokoro Savings & Credit Co- operative Society Ltd v Mwamburi [2023] KECA 381 (KLR)
- Sam Kiplagat & Another v Charles Wanjohi Wathuku [2017] eKLR
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others [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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