Mugo v Obengo & 4 others (Civil Application E048 of 2023) [2024] KECA 459 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 459
- Citation
- [2024] KECA 459 (KLR)
- Decided
- 12 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file an appealCoramW. KORIR
Holding
The application for extension of time to file the appeal is allowed, and the applicant is directed to file and serve his appeal within 14 days from the date of this ruling.
Facts
The applicant, Stephen N. Mugo, intended to appeal a judgment delivered on 2nd March 2023 in favour of the 1st respondent, Pamela Adhiambo Obengo. He filed a notice of appeal on 9th March 2023 but failed to file the record of appeal by 23rd May 2023 due to delays in securing his file and pursuing an application for stay.
Issues
- Whether the applicant's delay in filing the record of appeal is excusable
- Whether the applicant's right to appeal outweighs the 1st respondent's right to enjoy the fruits of the judgment
Reasoning
The court finds that the applicant's delay is excusable and that the applicant's right to appeal is not outweighed by the 1st respondent's right to enjoy the fruits of the judgment.
Outcome
The application is allowed.
Orders
- The applicant is directed to file and serve his appeal within 14 days from the date of this ruling.
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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