Elizabeth Prisca Omollo v Jane Ochuodho & another [2020] KEELC 3365 (KLR)
- Court
- Environment & Land Court
- Case number
- 3365
- Citation
- [2020] KEELC 3365 (KLR)
- Decided
- 20 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a previous judgmentCoramG.M.A. Ongondo
Holding
The application is granted, and the applicant is ordered to file and serve the Notice of Appeal within 30 days from the date of this order.
Facts
The applicant, Elizabeth Prisca Omolo, occupied a land (LR NO. KANYAMWA KAYAMBO/KWAMO/1649) for over 12 years. She filed a Notice of Appeal on 11th February 2019, but it was neither signed nor served within the prescribed period. The 1st defendant, Jane Ochuodho, sought to change her advocate and extend the time for filing the Notice of Appeal.
Issues
- Change of advocate after Judgment
- Arguable nature of the appeal
- Reasonable delay in filing the appeal
Reasoning
The court found that the application was not brought with unreasonable delay and that the applicant has satisfied the requirements for extending the time to file the appeal.
Outcome
Appeal granted
Orders
- Order to change advocate
- Extension of time for filing the Notice of Appeal
Remedies
- Change of advocate
- Extension of time for filing the Notice of Appeal
Authorities cited
Legislation (2)
- Order 9 Rules 9 and 10 of the Civil Procedure Rules
- Article 50 (1) of the Constitution of Kenya, 2010
Cases cited (3)
- Wasike –vs- Swala (1984) KLR 59
- George Kagima Kariuki and 2 others –vs- George M. Gichimu and 2 others (2014) eKLR
- David Morton Silvestein–vs- Atsango Chesoni (2002) 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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