Mwangi v Kamau (Civil Application 103 of 2019) [2021] KECA 333 (KLR) (17 December 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 333
- Citation
- [2021] KECA 333 (KLR)
- Decided
- 17 December 2021
The application is allowed on the following terms: the applicant has leave to appeal out of time, the notice of appeal and memorandum of appeal are deemed properly filed and served, the applicant has sixty (60) days from the date of the delivery of the ruling to file and serve a record of appeal, and costs of the application to abide the outcome of the appeal.
Facts
The applicant, Robert Macharia Mwangi, was aggrieved by a judgment and decree delivered on 29th November, 2018 in the Environment and Land Court at Murang’a in ELC No. 102 of 2017 in favour of the respondent, Samuel Karichu Kamau. He decided to appeal against the whole of the said decision.
Issues
- Whether the applicant's application for extension of time to file and serve a notice of appeal is meritorious.
- Whether the applicant's appeal is arguable and if so, whether the court should grant leave to appeal out of time.
Reasoning
The court finds that the applicant's application has merit due to the delay in filing the notice of appeal and the applicant's assertion that the intended appeal is arguable. The court grants leave to appeal out of time and allows the applicant to file a record of appeal within sixty days.
Outcome
The application is allowed.
Orders
- Leave to appeal out of time granted.
- Notice of appeal and memorandum of appeal deemed properly filed and served.
- Applicant has sixty (60) days from the date of the ruling to file and serve a record of appeal.
- If the applicant fails to file and serve a record of appeal within sixty days, the leave granted will lapse.
- Costs of the application to abide the outcome of the appeal.
Remedies
- Leave to appeal out of time granted.
- Notice of appeal and memorandum of appeal deemed properly filed and served.
Authorities cited
Cases cited (4)
- Nicholas Kiptoo Arap Korir Salat vs. Independent Electoral and Boundaries Commission & 7 Others [2013] eKLR
- Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet [2018] eKLR
- Mbaki & Others vs. Macharia & Another [2005] 2EA 206
- Abbas Sherally & Another vs. Abdul Fazaiboy, Civil Application No. 33 of 2003
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