Kitere v Sadera (Civil Appeal (Application) E079 of 2023) [2024] KECA 722 (KLR) (21 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 722
- Citation
- [2024] KECA 722 (KLR)
- Decided
- 21 June 2024
The application for leave to appeal out of time is dismissed with costs to the respondent due to unexplained inordinate delay and the potential prejudice to third parties who acquired portions of the suit property.
Facts
The applicant, Matiko Ole Sadera, had a judgment entered against him in 2003. He became aware of the judgment in 2014 and sought to have it set aside. The trial court dismissed his application. The applicant then filed an ELC Miscellaneous Application No. 2 of 2019 seeking leave to appeal. The respondent, Parmatanka Ole Kitere, filed a replying affidavit stating that the decree had been executed more than 20 years ago and that the suit land had been sub-divided and sold to third parties.
Issues
- Whether the applicant's application for leave to appeal out of time should be granted
- Whether the delay in lodging the appeal was inordinate
Reasoning
The Court found the delay in lodging the appeal to be inordinate and unexplained. The judgment was already executed more than 20 years ago, and reopening the case would cause immense prejudice to third parties who acquired portions of the suit property.
Outcome
Application dismissed
Orders
- Application for leave to appeal out of time is dismissed
Remedies
- Costs to the respondent
Authorities cited
Cases cited (2)
- Leo Sila Mutiso Vs Rose Hellen Wangari Mwangi [1999] Z EA 231
- Muringa Company Ltd Vs Archdiocese of Nairobi registered trustees, Civil Application No. 190 of 2019
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