Samwel Otieno Ololo v Lily Kavumbi Charo [2019] KECA 715 (KLR)
The bottom line
#The Court of Appeal let a Siaya man pursue his appeal because his extension request was filed on time, giving him strict new filing deadlines.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted leave/extension of time to file and lodge an intended appeal against the ruling of Aburili, J. dated 23rd January, 2019
Key legal issues
#Whether there was delay in filing the application for extension of time
The application filed on 19th February 2019 against a ruling dated 23rd January 2019 was within the 30-day period, so there was no delay to explain
The court measured the interval between the impugned ruling of 23rd January 2019 and the filing of the motion on 19th February 2019 and found it fell within the 30-day allowance. Delay being zero, the usual justification for inordinate delay did not arise, and the respondent's lack of objection supported granting leave.
Legal principles established
#- An application for extension of time filed within the permitted 30-day period involves no delay; where there is no delay and no objection from the respondent, leave to extend time should be granted.
Court orders
#- 1.Leave granted and time extended for the applicant to file and serve the Notice of Appeal and Record of Appeal
- 2.Applicant to file and serve a fresh Notice of Appeal within 21 days of 20th May, 2019
- 3.Applicant to file and serve the Record of Appeal within 60 days of service of the new Notice of Appeal
- 4.Today's costs to be borne by the applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya at Siaya
- P.M's Siaya Cause No. 55 of 2015 (Succession Cause No. 21 of 2018 struck out)
- Jurisdiction invoked
- Inherent appellate jurisdiction to extend time under the Court of Appeal procedural rules (extension-of-time application; specific rule not cited in the ruling)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Taking into account that there has been no delay and considering the respondent has no objection to the application, I hereby grant leave and extend time for the applicant to file and serve the Notice of Appeal and Record of Appeal.
The Applicant shall file and serve a fresh Notice of Appeal within 21 days of today’s date. The applicant shall further file and serve the Record of Appeal within 60 days of service of the new Notice of Appeal.
Issues in the judgment
#Ruling is headed as relating to Siaya High Court Succession Cause No. 21 of 2018 while the sub-heading refers to P.M's Siaya Cause No. 55 of 2015, creating ambiguity as to the precise lower-court file number
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samwel Otieno Ololo v Lily Kavumbi Charo [2019] KECA 715 (KLR)", Case Analysis (2019). Civil Application No. 13 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/715/eng@2019-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.