Omollo (Suing as the administrator ad litem of the Estate of John Omolo Anditi - Deceased) v Asembo (Sued as the administrator of the Estate of Lazaro Odera Jura - Deceased) & 6 others (Civil Application E102 of 2025) [2026] KECA 24 (KLR) (22 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 24
- Citation
- [2026] KECA 24 (KLR)
- Decided
- 22 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file the notice of appealCoramL. KIMARU
Holding
The application is allowed. The applicant is granted leave to lodge the notice of appeal out of time.
Facts
The applicant, Margaret Auma Omollo, was the administrator ad litem of the estate of John Omolo Anditi. The 1st respondent, Sellah Akech Asembo, was the administrator of the estate of Lazaro Odera Jura. The applicant did not have sight of the actual Ruling until 1st July, 2025, and lodged the notice of appeal on 7th July, 2025.
Issues
- Whether the late filing of the notice of appeal should be excused
- Whether the delay in filing the notice of appeal was inordinate
Reasoning
The Court agrees with the applicant that the reason for the delay is excusable, as the applicant was unaware of the actual Ruling until 1st July, 2025. The delay of 25 days is not inordinate in the circumstances of this application.
Outcome
The application is allowed.
Orders
- The applicant is granted leave to lodge the notice of appeal out of time.
- The notice of appeal shall be filed and served within fourteen (14) days of today’s date.
- The record of appeal shall be filed and served within forty-five (45) days of service of the notice of appeal.
- The 1st respondent shall have the costs of the application.
Remedies
- Award of costs to the 1st respondent
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.
Loading judgment…