Oloo ((Suing as Administrator of the Estate of John Bruno Oloo)) v Registered Trustees Trinity Fellowship & another (Civil Application E022 of 2024) [2024] KECA 650 (KLR) (7 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 650
- Citation
- [2024] KECA 650 (KLR)
- Decided
- 7 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to serve Notice of Appeal and letters bespeaking proceedingsCoramHA OMONDI
Holding
The application is dismissed for want of prosecution.
Facts
The applicant filed a suit in ELC No. 325 of 2017 against the respondents and was aggrieved by the outcome on 7th December 2023. The Notice of Appeal and letters bespeaking the proceedings were filed on 13th December 2023, but not endorsed until 31st January 2024, and served on 2nd February 2024.
Issues
- Whether the delay in service of the documents was minimal, inadvertent, and not intended to obstruct justice.
- Whether the application should be granted an extension of time to serve the Notice of Appeal and letters bespeaking proceedings.
Reasoning
The delay in service of the documents was due to the counsel's office being closed for the December holidays, and the applicant was diligent in ensuring the service was effected immediately, albeit out of time.
Outcome
Application dismissed
Orders
- Application dismissed for want of prosecution.
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.
Loading judgment…