Ethics and Anti-Corruption Commission v Prosperity Developers & 5 others (Civil Application E016 of 2023) [2023] KECA 1196 (KLR) (6 October 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1196
- Citation
- [2023] KECA 1196 (KLR)
- Decided
- 6 October 2023
The application is allowed with the applicant granted leave to file and serve the record of appeal out of time, the record of appeal dated 17th February, 2023 and filed on 22nd February, 2023 deemed as duly filed, and the costs of the application in the cause.
Facts
The Ethics and Anti-Corruption Commission (EACC) was enjoined in Nakuru ELC Petition No. 8 of 2019 as an Interested Party. The Environment and Land Court in its judgment pronounced itself on the issue of ownership of the land, giving it to Prosperity Developers and Prigal Ltd.
Issues
- Ownership of the parcel of land in question
- Allowance of the application for extension of time to lodge and file a record of appeal
Reasoning
The delay in filing the appeal is in the interest of justice to determine the ownership of the land and to allow Kenyans to know if the land was legally acquired by the respondents. The prejudice to the respondents is outweighed by the public interest.
Outcome
Allowed
Orders
- Leave to file and serve the record of appeal out of time
- Deemed as duly filed
- Serve the record of appeal upon all parties within 21 days of the date of this ruling
- Costs of the application in the cause
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