Gatura v Robert & another (Civil Appeal E461 of 2022) [2023] KECA 195 (KLR) (17 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 195
- Citation
- [2023] KECA 195 (KLR)
- Decided
- 17 February 2023
The applicant's motion for extension of time is dismissed with costs to the 2nd respondent.
Facts
The applicant, Michael Karuku Gatura, sought an extension of time to file an appeal against the judgment and decree of the Environment and Land Court of Kenya at Nairobi (M. D. Mwangi, J.) delivered on January 27, 2022. The 2nd respondent, Njoki Kageche, opposed the application, arguing that the applicant failed to file and serve his notice of appeal within the requisite 14 days and that the appeal is without merit.
Issues
- Whether to grant an extension of time to file an appeal
- Whether the appeal is arguable and without prejudice to the respondent
Reasoning
The court found that the appeal is a replay of a previous determination and is not arguable. The court also noted that the respondents have been in possession of the suit property since 1964 and a replacement title issued to the 2nd respondent in 1988.
Outcome
Dismissed
Orders
- Motion for extension of time to file an appeal dismissed
Remedies
- Costs to the 2nd respondent
Authorities cited
Cases cited (2)
- Leo Sila Mutiso v Helen Wangari Mwangi [1999] 2 EA p231
- Fakir Mohammed v Joseph Mugambi and two others [2005] eKLR
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