Sea Star Malindi Limited v County Government of Kilifi [2020] KECA 812 (KLR)
- Court
- Court of Appeal
- Case number
- 812
- Citation
- [2020] KECA 812 (KLR)
The court allows the applicant's application and deems the memorandum and record of appeal filed on 16th September 2019 to be properly on record.
Facts
The applicant filed a suit against the respondent before the Environment and Land Court (ELC) at Malindi in ELC Case No. 47 of 2016, seeking compensation for alleged wrongful demolition and destruction of its hotel. The ELC dismissed the suit on 29th May 2019. The applicant intended to challenge the decision on appeal but did not file its appeal within the required 60-day period.
Issues
- Whether the applicant's application for extension of time to file the Memorandum of Appeal and Record of Appeal is justified.
- Whether the applicant's delay in filing the appeal is inordinate and prejudicial to the respondent.
Reasoning
The court considers the explanation provided by the applicant for the delay and finds it satisfactory. The court notes that the respondent has also filed an appeal, and there is no clear prejudice to the respondent if the application is allowed.
Outcome
The applicant's application is allowed.
Orders
- The memorandum and record of appeal filed on 16th September 2019 are deemed to be properly on record.
Remedies
- The costs of the application shall abide by the outcome of the appeal.
Authorities cited
Legislation (3)
- Court of Appeal Rules, 2010
- Fakir Mohamed vs. Joseph Mugambi & 2 others [2005] eKLR
- Nicholas Kiptoo Arap Korir Salat vs. IEBC & 7 others, Supreme Court Application No. 16 of 2014[2014] eKLR
Cases cited (6)
- Fakir Mohamed vs. Joseph Mugambi & 2 others [2005] eKLR
- Mutiso vs. Mwangi Civil Appl. NAI. 255 of 1997 (UR)
- Mwangi vs. Kenya Airways Ltd [2003] KLR 486
- Major Joseph Mwereri Igweta vs. Murika M'Ethare & Attorney General Civil Appl. NAI
- Murai v Wainaina (No 4) [1982] KLR 38
- Nicholas Kiptoo Arap Korir Salat vs. IEBC & 7 others, Supreme Court Application No. 16 of 2014[2014] eKLR
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