Pamwhite Limited v Karomo & another (Suing as the Chairman and Secretary respectively of New Nyali Residents Association) & 4 others (Civil Application E047 of 2022) [2022] KECA 1376 (KLR) (16 December 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1376
- Citation
- [2022] KECA 1376 (KLR)
- Decided
- 16 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve a Notice of AppealCoramP. NYAMWEYA
Holding
The Court grants the application for extension of time, allowing the Applicant to file and serve the Notice of Appeal out of time.
Facts
Pamwhite Limited filed an application seeking an extension of time to file and serve a Notice of Appeal against the ruling of the Environment and Land Court (ELC) at Mombasa. The ELC's ruling was reserved for April 6, 2022, but was delivered on May 5, 2022 without prior notice.
Issues
- Whether the Applicant's Notice of Appeal was properly filed and served within the required time frame
- Whether the delay in filing the Notice of Appeal was excusable
Reasoning
The Court found that the delay in filing the Notice of Appeal was due to the lack of notice of the changed date of the ruling and the time taken to engage an advocate to follow up on the ruling. The Court considered the reasons for the delay and found them excusable.
Outcome
The Court grants the application for extension of time.
Orders
- The Applicant is granted leave to file and serve the Notice of Appeal dated June 6, 2022 and lodged on June 7, 2022 out of time.
- The Notice of Appeal is deemed to have been properly filed and served.
Remedies
- No order as to costs
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.
Loading judgment…