Lelei v Bittok (Civil Appeal (Application) 041 of 2022) [2025] KECA 746 (KLR) (6 May 2025) (Ruling)

Facts

The applicant initiated a suit against the respondent in Eldoret HCCC No. 23 of 2008 seeking various reliefs. The respondent filed a response and an amended statement of defence and counterclaim. The suit was heard ex parte, and the counterclaim was allowed while the primary suit was dismissed. The applicant then filed an application for review, which was dismissed. He subsequently filed a notice of appeal but withdrew it due to financial challenges. He refiled the notice of appeal and record of appeal, but the court deemed it withdrawn.

Issues

1. Extension of time for lodging and service of the notice of appeal and record of appeal
2. Validation of the notice of appeal and record of appeal
3. Costs of the application

Reasoning

The court dismissed the application as the applicant had already been given an opportunity to withdraw the notice of appeal, and the current application is deemed incompetent and unmerited.

Outcome

Dismissed

Authorities cited