Ondicho v Angwenyi & another (Civil Application E167 of 2024) [2025] KECA 794 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 794
- Citation
- [2025] KECA 794 (KLR)
- Decided
- 9 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to lodge a Notice of Appeal and Record of AppealCoramHA OMONDI
Holding
The application for extension of time is granted, and the time within which to file and serve the Notice of Appeal and Record of Appeal is enlarged.
Facts
The applicant, Jim Kennedy Ondicho, had a tenancy relationship with the 1st respondent, John Angwenyi, and established a garage on the 1st respondent's premises. The 1st respondent evicted the applicant through Minmax Auctioneers on June 9, 2023. The applicant sought leave to appeal out of time in the Environment and Land Court.
Issues
- Whether the applicant's application for extension of time to lodge a Notice of Appeal and Record of Appeal should be granted.
- Whether the intended appeal has a high chance of success.
Reasoning
The applicant's delay in lodging the appeal was due to technological challenges and unavailability of the ruling. The court found the explanation reasonable and granted the extension.
Outcome
The application is granted.
Orders
- The time within which to file and serve the respondents with the notice of appeal and the record of appeal is enlarged.
- The Notice of appeal and the Record of Appeal shall be served on all the other respondents within 30 days from the date of this ruling.
- Costs of this application shall abide the appeal.
Remedies
- Extension of time to lodge a Notice of Appeal and Record of Appeal.
Authorities cited
Cases cited (2)
- County Executive of Kisumu v County Government of Kisumu & 8 others [2017] eKLR
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] 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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