Adol v Yuala (Civil Application E142 of 2024) [2025] KECA 481 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 481
- Citation
- [2025] KECA 481 (KLR)
- Decided
- 7 March 2025
AI Summary
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TypeCivil ApplicationPostureApplication for leave to file an appeal out of timeCoramWK KORIR, JA
Holding
The court finds merit in the motion and allows it on the following terms: the applicant's Notice of Appeal dated 1st October 2024 and lodged in the registry on 2nd October 2024 is deemed as properly filed.
Facts
The applicant, Alfred Ogolla Adol, sought leave to file an appeal against the judgment of the Environment and Land Court at Siaya delivered on 19th September 2024. The applicant claimed the delay in filing the appeal was due to miscommunication with his former advocates.
Issues
- Whether the applicant has satisfactorily explained the delay in filing his appeal
- Whether the applicant's action of lodging a notice of appeal one day late and simultaneously requesting a copy of the typed proceedings is excusable
Reasoning
The court considers the one-day delay in filing the appeal as excusable due to the applicant's misunderstanding regarding his representation in the appeal.
Outcome
The application is allowed.
Orders
- The applicant's Notice of Appeal dated 1st October 2024 and lodged in the registry on 2nd October 2024 is deemed as properly filed.
Authorities cited
Cases cited (1)
- Nicholas Kiptoo Arap Korir Salat vs. Independent Electoral and Boundaries Commission & 7 Others [2014] 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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