Kidheka Mutisya Ngata v Emmanuel Ngande Nyoka & 3 others [2016] KECA 168 (KLR)

Facts

The applicant was sued for specific performance in respect of an agreement touching on Plot No. Kilifi/Kijipwa/173. The respondent subdivided and sold the suit premises, prompting the applicant to file an application to join the third parties in the appeal. The Environment and Land Court allowed the appeal and set aside the decision of the trial court.

Issues

1. Whether the respondent has failed to take essential steps towards presenting the appeal.
2. Whether the respondent can rely on the provisions of Rule 82 of the Court's Rules.

Reasoning

The court held that the respondent did not serve a letter bespeaking the proceedings as required by Rule 82(2), and therefore cannot rely on the proviso to Rule 82(1) to exclude the time required to prepare the proceedings. The appeal was filed out of time, and the respondent's actions do not justify disregarding the laid out procedure.

Outcome

Appeal dismissed

Authorities cited