Postel Housing Co-operative Society Limited v Telkom Kenya Limited & 5 others; Ministry of Public Service, Youth and Gender Affairs & 2 others (Interested Parties) (Civil Application E499 of 2023) [2024] KECA 588 (KLR) (24 May 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 588
- Citation
- [2024] KECA 588 (KLR)
- Decided
- 24 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appealCoramLA ACHODE
Holding
The applicant's application for extension of time to file an appeal is allowed. The notice of appeal is deemed to be properly filed and served, and the appeal shall be filed and served within 15 days of this date.
Facts
Postel Housing Co-operative Society Limited filed a petition against Telkom Kenya Limited and others seeking declarations and compensation. The applicant sought to appeal the judgment and decree of the Environment and Land Court.
Issues
- Whether the applicant's delay in filing the appeal was intentional or dilatory
- Whether the appeal is arguable
- Whether granting the application would prejudice the respondents
Reasoning
The court found the delay was neither intentional nor dilatory and was explainable. The appeal is arguable and the interests of justice tilt in favor of the applicant.
Outcome
The applicant's application for extension of time to file an appeal is granted.
Orders
- The applicant's application dated 30th October 2023 is allowed.
- The notice of appeal dated 18th July 2023 is hereby deemed to be properly filed and served.
- The appeal shall be filed and served within 15 days of this date (or of receiving the typed and certified copy of the proceedings if they have not yet been availed).
Remedies
- Costs of the application shall abide the outcome of the appeal.
Authorities cited
Legislation (2)
- Article 159(2)(d) of the Constitution
- Section 3, 3a and 3b of the Appellate Jurisdiction Act Cap 9 Laws of Kenya
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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