Odeny v Aboge (Sued in his capacity as the administrator of the Estate of Polentinus Owaga - Deceased) & another (Civil Application E142 of 2023) [2024] KECA 659 (KLR) (7 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 659
- Citation
- [2024] KECA 659 (KLR)
- Decided
- 7 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for enlargement of time to file a record of appealCoramHA OMONDI
Holding
The court grants the application for an extension of time to file a record of appeal, allowing the applicant to file and serve the Record of Appeal within 14 days from the date of this ruling.
Facts
The applicant filed an originating summons against the respondents in Migori ELC No 23 of 2020, which was dismissed with costs. The applicant then filed an appeal but faced delays in obtaining certified typed proceedings and the decree.
Issues
- Whether the applicant is entitled to an extension of time to file a record of appeal
- Whether the delay in filing the appeal is inordinate
Reasoning
The court finds the delay in filing the appeal was not inordinate and the applicant has met the necessary conditions to be granted the extension.
Outcome
The court grants the application for an extension of time to file a record of appeal.
Orders
- Granting the application for an extension of time to file a record of appeal within 14 days from the date of this ruling
Remedies
- Allowing the applicant to file and serve the Record of Appeal within 14 days from the date of this ruling
Authorities cited
Cases cited (3)
- Nicholas Kiptoo Arap Korir Salat v The Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
- George Kiptabut Lelei & another v Fanikiwa Limited [2019] eKLR
- Athuman Nasura Juma v Afwa Mohammed Ramadhan [2016] 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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