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Court of AppealAllowedCivil Application No. 13 of 2019· [2019] KECA 715 (KLR)
Samwel Otieno Ololo v Lily Kavumbi Charo [2019] KECA 715 (KLR)
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·~1 min to read original · ~4 min briefThe 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
#This is a single-judge in-chambers ruling of the Court of Appeal at Kisumu (Otieno Odek, JA) on a Notice of Motion dated 19th February 2019 by Samwel Otieno Ololo, a litigant in person, seeking leave and extension of time to file and lodge an intended appeal against the ruling of Aburili, J delivered on 23rd January 2019, by which the High Court struck out his filing in succession proceedings between him and Lily Kavumbi Charo. The court compared the date of the impugned ruling with the date of filing the application and found that the motion was lodged on 19th February 2019, within the 30-day allowance, meaning the delay was 'zero days' and there was in fact no delay to explain. The respondent raised no objection to the extension. Taking account of the absence of delay and the respondent's consent, the judge granted leave and extended time. The applicant was ordered to file and serve a fresh Notice of Appeal within 21 days of 20th May 2019 and the Record of Appeal within 60 days of service of that Notice. Costs of the day were awarded against the applicant. The ruling is short, cites no authorities or statutory provisions, and turns on the arithmetic of the filing dates rather than any contested principle.
Key legal issues
#01
Whether there was delay in filing the application for extension of time
Holding
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
Reasoning
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.
p. 1
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
- 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)
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.