Moses Ageya Kembe v Washington Okello Sule [2021] KEELC 3520 (KLR)
- Court
- Environment & Land Court
- Case number
- 3520
- Citation
- [2021] KEELC 3520 (KLR)
- Decided
- 29 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for extension of time to file an appealCoramANTONY OMBWAYO
Holding
The application is allowed and the applicant is ordered to file the appeal within 30 days from the date of this ruling.
Facts
The applicant seeks to appeal a judgment from Kisumu CMCC ELC Case No. 36 of 2018, where the applicant was the defendant and the plaintiff's suit was allowed while the defendant's counter claim was dismissed. The applicant claims delay in obtaining court documents and the impact of the COVID-19 pandemic.
Issues
- Whether the applicant has met the requirements to warrant being granted leave to file the appeal out of time
- Whether the appeal has high chances of success
Reasoning
The court finds the applicant's explanation for the delay plausible and satisfactorily explained. The court grants the application as the respondent will not be prejudiced, and the applicant has raised weighty issues.
Outcome
Allowed
Orders
- The applicant is ordered to file the appeal within 30 days from the date of this ruling
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya
Cases cited (3)
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi
- Gerald Kithu Muchanje v Catherine Muthoni Ngare & another
- Kenya Power & Lighting Company Ltd v Rose Anyango & another
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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