[2021] KEHC 957 (KLR)
The court granted the application for leave to appeal out of time because the respondent did not oppose the application, and there was no reason presented to deny the applicant the opportunity to challenge the lower court's judgment. The absence of objection from the respondent's counsel was decisive, and the court...
Source-derived case information.
- Citation
- [2021] KEHC 957 (KLR)
- Parties
- Applicant: Arthur Ooko Oluoch; Respondent: Zakayo Obala aka Abala Ombiro
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E025 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Extension of Time, Leave to Appeal, Succession Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arthur Ooko Oluoch
Applicant
Zakayo Obala aka Abala Ombiro
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against the judgment of the lower court.
- 2 Whether there is any objection from the respondent to the application for extension of time.
Ratio Decidendi
The court granted the application for leave to appeal out of time because the respondent did not oppose the application, and there was no reason presented to deny the applicant the opportunity to challenge the lower court's judgment. The absence of objection from the respondent's counsel was decisive, and the court exercised its discretion in favour of the applicant, allowing the intended appeal to be filed and served within 15 days. Each party was ordered to bear their own costs, and the applicant's counsel was to be notified of the orders for compliance.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to appeal out of time against the judgment of Hon. C.I. Agutu, SRM, Ukwala Law Courts delivered on 25/5/2021.
- The intended appeal to be filed and served within 15 days of this order.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANEOUS CIVIL CASE NO. E025 OF 2021
CORAM: R.E. ABURILI, J
ARTHUR OOKO OLUOCH..............................................................................APPLICANT
VERSUS
ZAKAYO OBALA AKA ABALA OMBIRO..................................................RESPONDENT
RULING
1. The application dated 7/10/2021 by the applicant Arthur Ooko Oluoch seeks for leave of this court to file an appeal out of time from the judgment and decree of Hon. C.I.Agutu, SRM, Ukwala Law Courts arising from Succession Cause No 232 of 2018 delivered on 25th May 2021.
2. The said application was served on the Respondent’s Counsel Ms Mercy Lamwenya holding brief for Mr. Onyango who appeared this morning and before Mr. Ooro advocate for the applicant arrived in court, submitted that the respondent had no objection to the application being granted as prayed. Therefore, on no objection on the part of the Respondent’s counsel, the application dated 7/10/2021 is hereby allowed.
3. The Applicant is hereby granted leave to appeal out of time against the whole judgment of Hon. C.I. Agutu, SRM, Ukwala Law Courts delivered on 25/5/2021.
4. The intended appeal to be filed and served within 15 days of this order.
5. Each party to bear their own costs of the application.
6. As the applicant’s counsel is absent, the court to notify him of the orders herein for compliance.
7. File closed.
8. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF DECEMBER, 2021
R.E. ABURILI
JUDGE