Onyango & 3 others (All Suing as the Legal Representatives of the Estate of Jared Abuoro Auma alias Abuoro Auma - Deceased) v Aboge & another (Civil Application E120 of 2021) [2025] KECA 1055 (KLR) (13 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1055
- Citation
- [2025] KECA 1055 (KLR)
- Decided
- 13 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file Notice and Record of Appeal out of timeCoramMS ASIKE-MAKHANDIA, Ombwayo
Holding
The application is granted, and the applicants' Notice of Appeal is deemed as properly filed and served on the respondents. The applicants shall have 45 days to file and serve their record of appeal.
Facts
The applicants filed a suit in the Principal Magistrate's Court at Bondo against the respondents and obtained a restraining order. The respondents appealed the restraining order in the ELC, which was allowed. The applicants failed to file their Notice and Record of Appeal within the statutory timelines.
Issues
- Whether the applicants' application for leave to file Notice and Record of Appeal out of time should be granted.
- Whether the applicants' appeal is arguable and prejudicial to the respondents.
Reasoning
The applicants explained the delay in filing their application due to the court's failure to notify them of the judgment date. The court found the explanation satisfactory and granted the application.
Outcome
Application granted
Orders
- The applicants' Notice of Appeal is deemed as properly filed and served on the respondents.
- The applicants shall have 45 days to file and serve their record of appeal.
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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