Peter Omoke Omonyi v Charles Kamau Muthoni [2020] KECA 182 (KLR)
- Court
- Court of Appeal
- Case number
- 182
- Citation
- [2020] KECA 182 (KLR)
- Decided
- 20 November 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to appeal out of timeCoramR. N. NAMBUYE
Holding
The application is allowed on the following terms: the applicant has 14 days from the date of the ruling to file a notice of appeal, 7 days from the date of the notice to serve it on the respondent, and 60 days from the date of the notice to file and serve the record of appeal.
Facts
The applicant sought leave to appeal out of time against the ruling of Hon. Justice B. N. Olao dated 29th September 2017 in ELC Appeal No. 2 of 2015, Environment and Land Court.
Issues
- Whether the applicant's delay in initiating the appeal process was reasonable.
- Whether the applicant should be granted leave to appeal out of time.
Reasoning
The court found the applicant's explanation for the delay in furnishing certified copies of the proceedings to be plausible and reasonable, thus granting the application.
Outcome
The application is allowed.
Orders
- The applicant has 14 days from the date of the ruling to file a notice of appeal.
- The applicant has 7 days from the date of the notice to serve it on the respondent.
- The applicant has 60 days from the date of the notice to file and serve the record of appeal.
Remedies
- The costs of the application to abide the outcome of the intended appeal.
Authorities cited
Cases cited (2)
- Martin W. Nguru vs. Attorney General [2020]eKLR
- Vishva Stone Suppliers Company Limited vs. RSR Stone [2006] Limited [2020]eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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