Rono (Sued as the Legal Representative of the Estate of Sofia Tamarta - Deceased) & another v Lagat; Kipkoech (Sued as the Legal Representative of the Estate of Helen Jeptum Rono) (Interested Party) (Civil Application E009 of 2024) [2024] KECA 627 (KLR) (27 May 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 627
- Citation
- [2024] KECA 627 (KLR)
- Decided
- 27 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file a notice of appealCoramMA WARSAME
Holding
The application is allowed, and the notice of appeal and record of appeal are directed to be filed and served within 14 days from the date of delivery of this ruling.
Facts
The applicants and interested party were restrained from entering, trespassing, encroaching, ploughing or dealing with land by a permanent injunction issued by the Environment and Land Court. The applicants sought to file a notice of appeal and record of appeal out of time.
Issues
- Whether the applicants' application for extension of time to file a notice of appeal is competent
- Whether the delay in filing the notice of appeal is inordinate
Reasoning
The delay in filing the notice of appeal was approximately 6 days and was explained. The applicants made substantial efforts to pursue their case and follow up with the registry.
Outcome
The application is allowed.
Orders
- The notice of appeal and record of appeal are directed to be filed and served within 14 days from the date of delivery of this ruling.
Authorities cited
Legislation (2)
- Land Act
- Court of Appeal Rules 2022
Cases cited (1)
- Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi [1977] 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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