In re Estate of Manase Otieno Eshitubi (Deceased) (Civil Application E010 of 2025) [2025] KECA 713 (KLR) (25 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 713
- Citation
- [2025] KECA 713 (KLR)
- Decided
- 25 April 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file and serve a Notice of Appeal and a Record of Appeal out of timeCoramHA OMONDI, Musyoka, W. Musyoka, William Musyoka
Holding
The application is dismissed. There shall be no orders as to costs.
Facts
The applicants seek to extend the time limit for filing and serving a Notice of Appeal and to stay the execution of the ruling on distribution in succession proceedings. The respondents obtained a second survey of land parcel Marama/Lunza/247, which the applicants claim was obtained without their input.
Issues
- Extension of time limit for filing and serving a Notice of Appeal
- Stay of execution of the ruling on distribution
Reasoning
The Court lacks jurisdiction to consider the prayer for stay and the applicants were not diligent in contesting the orders obtained by the respondents. The delay has been inexcusable given the long duration of the matter.
Outcome
Dismissed
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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