[2024] KECA 1200 (KLR)

[2024] KECA 1200 (KLR)

The court found that the parties had reached a mutual agreement, evidenced by a consent letter filed by their respective advocates. There was no opposition to the application for extension of time, and the consent effectively compromised the application. The court, therefore, adopted the consent as its order,...

Source-derived case information.

Citation
[2024] KECA 1200 (KLR)
Parties
Applicant: Clement Kotonya Ongoro; Respondent: The Administrators of the Estate of Oon Ouma
Court
Court of Appeal
Court Station
Court of Appeal at Kisumu
Jurisdiction
Kenya
Case Number
Civil Application E037 of 2024
Procedural Posture
Civil Application / Single Judge Order on Extension of Time
Outcome
Application allowed by consent; Notice of Appeal and appeal deemed duly filed and served; costs to abide outcome of appeal.
Judges
JM Ngugi
Legal Topics
Extension of Time, Notice of Appeal, Consent Orders, Appeals Process
Source Language
en
Civil Procedure Land and Property Extension of Time Notice of Appeal Consent Orders Appeals Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Clement Kotonya Ongoro

Applicant

The Administrators of the Estate of Oon Ouma

Respondent

Procedural Posture

Civil Application / Single Judge Order on Extension of Time

Legal Issues

  1. 1 Whether the court should extend time to deem the Notice of Appeal as properly filed and served.
  2. 2 Whether the consent between parties can be adopted as an order of the court.

Ratio Decidendi

The court found that the parties had reached a mutual agreement, evidenced by a consent letter filed by their respective advocates. There was no opposition to the application for extension of time, and the consent effectively compromised the application. The court, therefore, adopted the consent as its order, allowing the application and deeming the Notice of Appeal and the appeal as duly filed, served, and properly on record. Costs were ordered to abide the outcome of the appeal. The decision was grounded in the principle that courts may adopt consent orders where parties agree, and that extension of time may be granted in the absence of prejudice or objection.

Court Disposition

Application allowed by consent; Notice of Appeal and appeal deemed duly filed and served; costs to abide outcome of appeal.

Orders

  • The applicant’s application dated 25th March, 2024 is allowed by consent.
  • The Notice of Appeal dated 7th February, 2024 and the appeal are deemed as duly filed, served, and properly on record.