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SUSAN OGUTU OLOO & 2 ORS
V.
DORIS ODINDO OMOLO

(2019) JELR 95744 (CA)

Court of Appeal 21 Feb 2019 Kenya
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Case Details

Suit Number:Civil Application 10 of 2018 (UR 9/18)
Judges:James Otieno Odek
Location:Kisumu
Other Citations:Susan Ogutu Oloo & 2 others v. Doris Odindo Omolo [2019] eKLR

RULING

Before me is a Notice of Motion dated 1st February, 2018. It is an application seeking leave to file a Notice of Appeal out time against the ruling delivered by Majanja, J. on 10th October, 2016.

The grounds in support of the application is that the applicant’s previous counsel did not update the applicants about delivery of the Ruling on 10th October, 2016; that the applicants only became aware of the ruling around January, 2018.

The second reason given for the delay is that the 2nd applicant, Lucia Abaja Oloo was admitted in hospital at Bondo between 9th October, 2016 and 17th October, 2016. She was thus not aware of the ruling of 10th October, 2016 and was unable to attend to her normal daily chores. The applicant further submitted the respondent will not be prejudiced if extension of time is granted. The instant application is supported by the affidavit of Susan Ogutu Oloo - deponed to on 31st January, 2018.

The respondent in opposing the application has filed a replying affida…

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