Akuma (As Administrator of Teresa Ombeo (Deceased)) v Araka & another (Civil Application E146 of 2024) [2025] KECA 709 (KLR) (25 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 709
- Citation
- [2025] KECA 709 (KLR)
- Decided
- 25 April 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve the record of appealCoramLK KIMARU
Holding
The application has merit and is hereby allowed. The applicant is granted leave to appeal out of time.
Facts
The applicant, Daniel Ombeo Akuma, as administrator of Teresa Ombeo (deceased), sought leave to file and serve the notice of appeal and record of appeal out of time due to delay in lodging the appeal.
Issues
- Whether the applicant is entitled to the exercise of discretion by the Court to extend time for filing the appeal.
- Whether the applicant has sufficiently explained the reason for the delay in lodging the appeal.
- Whether the applicant will be prejudiced if the order for extension of time is granted.
Reasoning
The applicant explained the reason for the delay in lodging the appeal due to inaction by his former advocate. The length of delay is about 30 days and is not inordinate.
Outcome
The application is allowed.
Orders
- The applicant is granted leave to appeal out of time.
- The applicant shall lodge and serve the notice of appeal within fourteen (14) days of today’s date.
- The applicant shall file and serve the memorandum and record of appeal within Forty-five (45) days after the service of the notice of appeal.
Authorities cited
Cases cited (1)
- Paul Wanjohi Mathane v. Duncan Gichore Mathenge [2013] 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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