Chief Officer, Lands, Housing & Physical Planning County Government of Mombasa & another v Gele t/a Buxton Filling Station & 4 others (Civil Appeal (Application) E086 of 2023) [2024] KECA 436 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 436
- Citation
- [2024] KECA 436 (KLR)
- Decided
- 12 April 2024
The application for extension of time to file and serve a Record of Appeal is allowed. The Record of Appeal dated 13th September 2023 and filed on 15th September 2023 is hereby deemed as properly filed and served on all the parties.
Facts
The applicants, Chief Officer, Lands, Housing & Physical Planning County Government of Mombasa and County Government of Mombasa, sought an extension of time to file and serve a Record of Appeal against the Judgment/Decree of the Environment and Land Court at Mombasa delivered on 27th March 2023. The applicants were found in contempt of court orders by the lower court and ordered to appear in court. The delay in lodging and serving the Record of Appeal was due to the lower court's Registry's delay in supplying certified copies of the proceedings.
Issues
- Extension of time to file and serve a Record of Appeal
- Deeming the Record of Appeal as properly filed and served
Reasoning
The court considered the circumstances of the delay and the reasons explaining the delay, and granted the application to allow the extension of time.
Outcome
Allowed
Orders
- The Record of Appeal dated 13th September 2023 and filed on 15th September 2023 is hereby deemed as properly filed and served on all the parties.
- No orders as to costs.
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