Okode v Adera (Civil Application E146 of 2023) [2025] KECA 922 (KLR) (16 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 922
- Citation
- [2025] KECA 922 (KLR)
- Decided
- 16 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file a reference to full court out of timeCoramF. TUIYOTT
Holding
The application is allowed. The reference dated 26th June 2024 and filed on the same date is deemed as duly filed and served.
Facts
The applicant sought to extend the time to file an appeal against the judgment of 29th July, 2022, but failed to do so within the required period. The applicant then filed a reference out of time and without leave of this court.
Issues
- Whether the Court has jurisdiction to entertain the application
- Whether the delay in filing the reference is inordinate and inexcusable
Reasoning
The Court found the delay to be just about 12 days late and not inordinate, and the applicant's application was brought just about 17 days after the deadline.
Outcome
The application is allowed.
Orders
- The reference dated 26th June 2024 and filed on the same date is deemed as duly filed and served.
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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