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Anguko v Lit & another (Criminal Application E088 of 2021) [2025] KECA 1042 (KLR) (12 June 2025) (Ruling)

[2025] KECA 1042 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1042
Citation
[2025] KECA 1042 (KLR)
Decided
12 June 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve record of appealCoramJ. MATIVO
Holding

The application is allowed with an extension of time to file and serve the record of appeal within 30 days from the date of the ruling.

Facts

The applicant sought leave to appeal a judgment in Succession No. 167 of 2011, but the notice of appeal was not filed within the stipulated 14 days. The applicant claims the delay was due to the Covid-19 pandemic.

Issues

  1. Whether the applicant has provided sufficient reasons for not filing the record of appeal within the stipulated time
  2. Whether the respondents will suffer any prejudice if the application is allowed

Reasoning

The court found that the applicant's reasons for the delay were plausible and satisfactory, and that the delay was excusable and not inordinate due to the pandemic.

Outcome

The application is allowed with an extension of time to file and serve the record of appeal within 30 days from the date of the ruling.

Orders

  • Extension of time to file and serve the record of appeal within 30 days from the date of the ruling

Authorities cited

Cases cited (1)
  • Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] 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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