Simotwo v Simba & 4 others (Civil Application E013 of 2022) [2023] KECA 883 (KLR) (14 July 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 883
- Citation
- [2023] KECA 883 (KLR)
- Decided
- 14 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file appeal out of timeCoramLA ACHODE, Munyao Sila
Holding
The court declines to exercise its discretion to extend time to file and serve a Notice of Appeal, and dismisses the Notice of Motion with costs.
Facts
The applicant, Patroba Jelagat Simotwo, filed a notice of motion seeking to appeal a judgment and decree issued on April 9, 2019, in Environmental and Land Case No 231 of 2013, Civil Case 291 of 2009 & Civil Case 197 of 2012. The judgment cancelled the applicant's titles to land parcels in Nakuru Municipality.
Issues
- Whether the applicant's application for leave to file appeal out of time should be granted
- Whether the applicant's appeal has merit
Reasoning
The court found the delay in filing the application to be inordinate, given the applicant's reasons for being out of the country and the impact of the COVID-19 pandemic. The court also noted that the reasons for the delay were not plausible.
Outcome
Application dismissed with costs
Orders
- Application for leave to file appeal out of time is dismissed
Authorities cited
Cases cited (1)
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet (2018) eKLR
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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