Ayako v Oronje (Civil Miscellaneous Application 103 of 2023) [2024] KEHC 7641 (KLR) (20 June 2024) (Ruling)

Facts

The applicant, Phanice Ayako, sought an order to compel the respondent, the chief of Shianda location, to issue an introductory letter to her, enabling her to file succession proceedings for the Estate of the Late Daniel Okanga Olunga. The application was dismissed for lack of appearance, and Ayako sought to appeal out of time.

Issues

1. Whether the applicant has made out a case for enlargement of time within which she can file an appeal.
2. Whether the delay in filing the appeal was justified.

Reasoning

The court considered the period of delay, the reason for the delay, the arguability of the appeal, and the importance of compliance with time limits. The court found that the delay was not justified and that the applicant did not provide a sufficient reason for the extension of time.

Outcome

Denied

Authorities cited