[2018] KECA 852 (KLR)
The application was unopposed, and the 2nd respondent expressly indicated no objection. The court was satisfied that the applicant had demonstrated merit in the application for extension of time. In the interests of justice and to avoid prejudice, the court exercised its discretion to extend the time for filing and...
Source-derived case information.
- Citation
- [2018] KECA 852 (KLR)
- Parties
- Applicant: Leonardus Odhiambo Okelo; Respondent: Lilian Atieno Odera; Respondent: Maurice Olpens Okoth
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 98 of 2016
- Procedural Posture
- Civil Application / Application for Extension of Time and Stay of Execution
- Outcome
- Application allowed.
- Judges
- AM Githinji
- Legal Topics
- Extension of Time, Leave to Appeal Out of Time, Stay of Execution, Costs in Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonardus Odhiambo Okelo
Applicant
Lilian Atieno Odera
Respondent
Maurice Olpens Okoth
Respondent
Procedural Posture
Civil Application / Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant should be granted leave to file a notice of appeal and appeal out of time.
- 2 Whether the applicant should be granted a stay of execution of costs pending appeal.
Ratio Decidendi
The application was unopposed, and the 2nd respondent expressly indicated no objection. The court was satisfied that the applicant had demonstrated merit in the application for extension of time. In the interests of justice and to avoid prejudice, the court exercised its discretion to extend the time for filing and serving the notice of appeal and the record of appeal. The court also directed that costs of the application be costs in the appeal, considering the applicant was unrepresented and to save costs.
Court Disposition
Application allowed.
Orders
- Time for filing and serving the notice of appeal is extended; notice to be filed and served within 14 days from the date of the ruling.
- Time for filing and serving the record of appeal is extended; record to be filed and served within 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: E. M. GITHINJI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. 98 OF 2016
BETWEEN
LEONARDUS ODHIAMBO OKELO............................APPLICANT
AND
LILIAN ATIENO ODERA ...................................1ST RESPONDENT
MAURICE OLPENS OKOTH.............................2ND RESPONDENT
(Being an application for leave of the court for the applicant to file notice of appeal and appeal out of time and stay of execution of costs of the judgment of the High Court of Kenya at Kisumu, (Maina, J.) dated 3rd November, 2016
in
SUCCESSION CAUSE NO. 61 OF 2014)
******************************************
RULING
The applicant Leonardus Odhiambo Okelo applies for leave to file notice of appeal out of time. The application is supported by the grounds in the application and by his supporting affidavit.
The 1st respondent did not attend the hearing of the application. The 2nd respondent discloses that he received the hearing notice on her behalf and informed her of the hearing date. Both the 1st and 2nd respondents have not filed a replying affidavit.
At the hearing of the application, the 2nd respondent intimated that he has no objection to the application. Since the application is not opposed and as I am satisfied that the application has merit, it is allowed.
Accordingly,
1. Time for the filing and serving the notice of appeal is extended. The notice of appeal to be filed and served within 14 days from the date hereof.
2. As the applicant is not represented and to save costs, time for filing and serving the record of appeal is extended. The record of appeal to be filed and served within 30 days from the date hereof.
3. Costs of this application be costs in the appeal.
Dated and Delivered at Kisumu this 6th day of February, 2018.
E. M. GITHINJI
………………..………
JUDGE OF APPEAL
I certify that this isa true copy of the original.
DEPUTY REGISTRAR.