Chengo v Odida (Civil Appeal (Application) E571 of 2021) [2022] KECA 615 (KLR) (28 April 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 615
- Citation
- [2022] KECA 615 (KLR)
- Decided
- 28 April 2022
The Court allows the application for extension of time, deeming the notice of appeal filed on time.
Facts
The applicant, Martin Chengo, was restrained from trespassing or constructing on LR No. 209/20594, Nairobi South B by the Environment and Land Court (Komingoi, J.) on June 11, 2020. The court ordered Chengo to remove his structures and pay Kshs. 200,000 as general damages for trespass. Chengo filed a notice of appeal, but the respondent, Vitalis Odida, took contempt of court proceedings against him, finding him guilty and ordering him to remove his structures within 30 days or face a fine or imprisonment.
Issues
- Whether the applicant's notice of appeal was filed out of time
- Whether the applicant should be granted an extension of time to file the appeal
Reasoning
The Court considers the delay of 9 days in filing the notice of appeal neither inordinate nor prejudicial to the respondent. The Court grants the extension to allow Chengo the opportunity to fully agitate his dispute.
Outcome
The Court allows the application for extension of time.
Orders
- The notice of appeal dated 9th March 2022 is deemed filed on time.
Authorities cited
Cases cited (1)
- Imperial Bank Ltd (In Receivership) & Another v. Alnashir Popat & 18 Others [2018] eKLR
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