Lelei v Bitok (Civil Appeal (Application) 040 of 2022) [2025] KECA 749 (KLR) (6 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 749
- Citation
- [2025] KECA 749 (KLR)
- Decided
- 6 May 2025
The application is granted, and the notice of appeal and record of appeal are validated and the time for filing the record of appeal is extended.
Facts
The applicant filed a notice of appeal against a judgment dismissing his primary suit and allowing the respondent's counterclaim. The respondent initiated execution proceedings. The applicant then filed an application for review, which was dismissed, and subsequently filed a notice of appeal, which was deemed withdrawn. The applicant now seeks to validate the notice of appeal and extend the time for filing the record of appeal.
Issues
- Does the application meet the threshold?
- Is the notice of appeal and record of appeal to be validated and extended?
Reasoning
The court held that the application meets the threshold and that the notice of appeal and record of appeal should be validated and the time for filing the record of appeal extended.
Outcome
The application is granted.
Orders
- The notice of appeal and record of appeal are validated.
- The time for filing the record of appeal is extended.
Remedies
- Validation of the notice of appeal and extension of time for filing the record of appeal.
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