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|Case Number:||Civil Application 13 of 2019|
|Parties:||Samwel Otieno Ololo v Lily Kavumbi Charo|
|Date Delivered:||20 May 2019|
|Court:||Court of Appeal at Kisumu|
|Judge(s):||James Otieno Odek|
|Citation:||Samwel Otieno Ololo v Lily Kavumbi Charo  eKLR|
|Case History:||(Being an application seeking leave of the court to file a fresh appeal out of time, or amendment of memorandum of appeal filed at Siaya High Court, Succession Cause No. 21 of 2018 which was struck out by Hon. R. E. Aburili, J dated 23rd January, 2019 in P.M’S SIAYA CAUSE NO. 55 OF 2015)|
|History Docket No:||SUCCESSION CAUSE NO. 55 OF 2015|
|History Judges:||Roselyne Ekirapa Aburili|
|Case Outcome:||Application allowed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE COURT OF APPEAL
(CORAM: OTIENO ODEK, JA. (IN CHAMBERS)
CIVIL APPLICATION NO. 13 OF 2019
SAMWEL OTIENO OLOLO ................................................ APPLICANT
LILY KAVUMBI CHARO .................................................... RESPONDENT
(Being an application seeking leave of the court to file a fresh appeal out of time, or amendment of memorandum of appeal filed at Siaya High Court, Succession Cause No. 21 of 2018 which was struck out by Hon. R. E. Aburili, J dated 23rd January, 2019
P.M’S SIAYA CAUSE NO. 55 OF 2015)
Before me is a Notice of Motion dated 19th February, 2019. It is an application for extension of time to file and lodge an intended appeal against the decision of Aburili, J. dated 23rd January, 2019.
I note the respondent has no objection to the extension of time. I further observe the impugned Ruling is dated 23rd January, 2019 and the instant application was filed on 19th February, 2019. The delay is for zero days. There is no delay. The application was filed within time, within the 30 day period allowed. The applicant is in person and hence may not have appreciated there is no delay in this matter.
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.
Today’s costs shall be borne by the applicant. It is so ordered.
Dated at Kisumu this 20th May, 2019.
JUDGE OF APPEAL
I certify that this is a true
copy of the original