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CHARLES ONDIEK AWUOR & ANOR.
V.
JACOB ODHIAMBO OTIENO

(2021) JELR 97946 (CA)

Court of Appeal 19 Feb 2021 Kenya
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Case Details

Suit Number:Civil Application 162 of 2015
Judges:Martha Karambu Koome
Location:Kisumu
Other Citations:Charles Ondiek Awuor & another v. Jacob Odhiambo Otieno [2021] eKLR

RULING

[1] Charles Ondiek Awuor and Sospeter Onyango Awuor, 1st and 2nd applicants respectively seem to be seeking leave to file an appeal stating that, they have no automatic right to file an appeal and an enlargement of time within which to file an appeal out of time in respect of the Judgement delivered on 27th June, 2019 in the High Court at Kisumu Succession cause No. 807 of 2004. The application is supported by the grounds stated on the body thereto and matters deposed to in the supporting affidavit sworn by the 1st applicant.

[2] According to the applicants, they have an arguable appeal as they fault the trial Judge for ruling that the respondent’s father was a biological son of the deceased without cogent proof. They claim that the impugned judgment directed that the registration of three (3) parcels of land do revert to the name of the deceased and therefore they stand to suffer irreparable loss. As regards the explanation for the delay, the applicants state that they filed an …

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