Laisa v Kinara (Civil Application E061 of 2024) [2024] KECA 834 (KLR) (19 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 834
- Citation
- [2024] KECA 834 (KLR)
- Decided
- 19 July 2024
The court grants the applicant leave to appeal out of time and allows the memorandum and record of appeal to be deemed filed within 21 days from the date of the ruling.
Facts
The applicant and respondent are in a dispute over land known as Kakamega/Chekalini/744, which was registered in the name of Jacob Laisa Mafutu. Mafutu died in 1988, and Elcah Kinara claimed she had obtained the necessary consent to subdivide the land. The applicant, Bosco Wepukhulu Laisa, filed a suit in the High Court seeking to have the subdivision cancelled and the land title reverted to Mafutu. The suit was transferred to the subordinate court, where the applicant was ultimately unsuccessful. The applicant then appealed to the Environment and Land Court (ELC), but the appeal was dismissed.
Issues
- Whether the applicant should be granted leave to appeal out of time
- Whether the applicant's advocate's actions justify the delay in filing the appeal
Reasoning
The court allows the application due to the applicant's demonstrated efforts to exercise his right of appeal and the lack of evidence of unreasonable delay.
Outcome
Leave to appeal out of time granted
Orders
- Memorandum and record of appeal to be deemed filed within 21 days from the date of the ruling
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