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Court of AppealPartially AllowedCivil Application No. 98 of 2016· [2018] KECA 852 (KLR)
Leonardus Odhiambo Okelo v Lilian Atieno Odero & Maurice Olpens Okoth
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a short in-chambers ruling by Githinji, JA, of the Court of Appeal at Kisumu on an unopposed application by Leonardus Odhiambo Okelo for leave to file a notice of appeal and appeal out of time, and for stay of execution of costs, against the judgment of Maina, J., in Kisumu High Court Succession Cause No. 61 of 2014 delivered on 3rd November 2016. The 1st respondent did not attend the hearing; the 2nd respondent, who received the hearing notice on her behalf, confirmed she was informed of the date and stated he had no objection to the application. Neither respondent filed a replying affidavit. Satisfied that the unopposed application had merit, the single Judge allowed it. The Court extended time for filing and serving the notice of appeal to 14 days from the date of the ruling, and, because the applicant was unrepresented and to save costs, extended time for filing and serving the record of appeal to 30 days. Costs of the application were made costs in the appeal. Notably, although the application was described as also seeking stay of execution of the High Court costs, no such stay order appears in the final orders. The ruling is brief, turns on non-opposition, and cites no authorities or statutory provisions. It is an interlocutory decision of a single Judge and establishes no significant precedent.
Key legal issues
#01
Extension of time to file notice of appeal and record of appeal
Holding
Extension granted where the application is unopposed and the court is satisfied it has merit
Reasoning
The applicant sought leave to file a notice of appeal and appeal out of time against a High Court succession judgment. Neither respondent filed a replying affidavit and the 2nd respondent stated he had no objection. The single Judge, satisfied the application had merit, allowed it and extended time for both the notice and the record of appeal, granting a longer period for the record because the applicant was unrepresented.
p. 1
Legal principles established
#- An unopposed application for extension of time that has merit may be allowed by a single Judge of Appeal in chambers
Court orders
#- 1.Time for filing and serving the notice of appeal extended; notice of appeal to be filed and served within 14 days from the date of the ruling
- 2.Time for filing and serving the record of appeal extended; record of appeal to be filed and served within 30 days from the date of the ruling
- 3.Costs of the application to be costs in the appeal
- On appeal from
- High Court of Kenya at Kisumu
- Succession Cause No. 61 of 2014
- Jurisdiction invoked
- Application for leave of the Court of Appeal to file notice of appeal and appeal out of time (Appellate Jurisdiction Act extension-of-time jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Leonardus Odhiambo Okelo v Lilian Atieno Odero & Maurice Olpens Okoth", Case Analysis (2018). Civil Application No. 98 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/852/eng@2018-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.