Lorkino v Lorkino (Civil Application E017 of 2024) [2024] KECA 911 (KLR) (26 July 2024) (Ruling)

Facts

The respondent initiated proceedings against the applicant, seeking a declaration that the applicant held the title of the suit property in trust for both parties. The trial court granted the respondent's prayer and ordered the suit property to be subdivided between the two brothers. The applicant later applied to set aside the judgment, which was dismissed. The judgment was then executed, and the suit property was subdivided.

Issues

1. Whether the applicant's application for leave to appeal out of time lacks merit
2. Whether the execution of the decree bars the applicant from lodging an appeal

Reasoning

The court found no basis for attributing the delay to the applicant's advocates. The applicant's inability to file and serve an appeal notice was attributed to his desire to demonstrate financial incapacity, which was not substantiated. The court held that the execution of the decree did not bar the applicant from lodging an appeal.

Outcome

Dismissed