Joseph Muriithi Njiru v Teresiah Wanja Raymond [2005] KECA 217 (KLR)
- Court
- Court of Appeal
- Case number
- 217
- Citation
- [2005] KECA 217 (KLR)
- Decided
- 13 May 2005
The Court allows the application for extension of time and orders the applicant to file and serve his notice of appeal within seven days, record of appeal within twenty-one days, and pay costs to the respondent.
Facts
The applicant Joseph Muriithi Njiru seeks to appeal a decision made on 15th February, 2001 by the Commissioner of Assize Hon. C.A. Omwitsa, rejecting an application for review of the High Court's summary rejection of an appeal.
Issues
- Whether the applicant has a right of appeal under the Land Disputes Tribunal Act, 1990
- Whether the Court of Appeal can hear appeals from the High Court's summary rejection of an appeal
Reasoning
The Court finds that the applicant complied with the requirements for filing the appeal and that the delay was satisfactorily explained. The Court also considers the provisions of the Land Disputes Tribunal Act and the Civil Procedure Act, concluding that the applicant has a right of appeal.
Outcome
The Court of Appeal allows the application for extension of time.
Orders
- The applicant shall file and serve his notice of appeal within seven (7) days of this ruling.
- The applicant shall file and serve his record of appeal within twenty-one days from the date the notice of appeal is lodged in Court.
- The applicant shall pay to the respondent the costs of this motion, which costs I assess at Kshs.5,000/-, such costs to be paid within thirty days of the date hereof and in the event of failure to pay within the stated time the respondent shall be at liberty to execute for the said costs.
Authorities cited
Legislation (3)
- Land Disputes Tribunal Act, 1990
- Civil Procedure Act
- Civil Procedure Rules
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