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Dakawou Transporters Limited v National Land Commission & 3 others [2021] KECA 414 (KLR)

[2021] KECA 414 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
414
Citation
[2021] KECA 414 (KLR)
Decided
9 July 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to serve a Notice of AppealCoramAngote, J., Mohammed, Mr. Angote
Holding

The court extended the time for service of the Notice of Appeal and the request for Court Proceedings due to the outbreak of the Global Corona Virus Pandemic.

Facts

The applicant filed a Judicial Review Application in Machakos before the Environment and Land Court seeking inter alia orders of Judicial Review that the ELC issue an order of certiorari for the purposes of quashing the decision of the 1st respondent.

Issues

  1. Whether to extend the time for service of the Notice of Appeal
  2. Whether to extend the time for service of the request for Court Proceedings
  3. Whether to grant leave to file and serve the Record of Appeal out of time

Reasoning

The court exercised its discretion under Rule 4 of the Court of Appeal Rules, considering factors such as the length of the delay, the reason for the delay, and the importance of compliance with time limits.

Outcome

The court granted the application for extension of time.

Orders

  • Extension of time for service of the Notice of Appeal
  • Extension of time for service of the request for Court Proceedings
  • Grant of leave to file and serve the Record of Appeal out of time

Authorities cited

Legislation (2)
  • Appellate Jurisdiction Act
  • Court of Appeal Rules
Cases cited (4)
  • Leo Sila Mutiso v Hellen Wangari Mwangi
  • Fakir Mohammed v Joseph Mugambi & 2 Others
  • Muringa Company Ltd v Archdiocese of Nairobi Registered Trustees
  • Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet
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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