Abdulahi v National Land Commission & 6 others (Civil Appeal 113 of 2018) [2024] KECA 183 (KLR) (23 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 183
- Citation
- [2024] KECA 183 (KLR)
- Decided
- 23 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Environment and Land CourtCoramM. WARSAME, K. M'INOTI, J. MATIVO
Holding
The appeal is dismissed. The court is not persuaded that the appeal has merit.
Facts
The appellant filed an ex parte Chamber summons application seeking leave to institute judicial review proceedings against the respondents, alleging that they allowed a 7th respondent to use members of the National Police Service for his private matters and to forcefully take possession of the suit property.
Issues
- Whether the court could enlarge time for filing of the substantive motion and deem the motion filed out of time as properly on record.
- Whether the court had jurisdiction to consider an application filed out of the stipulated period.
Reasoning
The court found that the application was filed way after the lapse of time, when the appellant had already filed the substantive notice of motion. The court was not persuaded to extend time that had already lapsed, and the application to enlarge time appeared to be an afterthought.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed.
- The costs of the appeal are awarded to the 2nd and 7th respondents.
Authorities cited
Cases cited (4)
- Zacharia Okoth Obado v Edward Akong’o Oyugi & 2 Others [2014] eKLR
- Charles Karanja Kuru v Charles Githinji Muigwa (CA 71/2016)
- Martha Wambui v Irene Wanjiru Mwangi & Another
- Nicholas Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others [2014] 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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