Mayon (Suing as legal representative of the Estate of Saginoi Ole Ndetukak aka Sagindi Ole Ndenruka - Deceased) v Mutonyi & 3 others (Civil Application E520 of 2023) [2024] KECA 985 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 985
- Citation
- [2024] KECA 985 (KLR)
- Decided
- 26 July 2024
The Court allows the application and orders that the Record of Appeal be lodged within 14 days of the judgment.
Facts
The applicant, Joseph Silemi Mayon, seeks to extend the time to file an appeal against a judgment and decree in the Environment and Land Court at Kajiado. The judgment was delivered on 13th October, 2022, and the Notice of Appeal was lodged on 17th October, 2022. However, the proceedings were not ready until 19th October, 2023, and a Certificate of Delay was issued on 7th November, 2023.
Issues
- Whether the applicant's application for leave to extend time to file a record of appeal is competent.
- Whether the Court of Appeal has jurisdiction to grant the application.
Reasoning
The Court considers the applicant's application for an extension of time to file a record of appeal and finds that the proceedings were not ready until after the time for filing the appeal had lapsed. The Court grants the extension due to the applicant's inability to obtain proceedings on time from the Environment and Land Court.
Outcome
The application is allowed.
Orders
- Ordering the Record of Appeal to be lodged within 14 days of the judgment.
Remedies
- Costs of the Motion will be in the appeal.
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Rules of the Environment and Land Court
Cases cited (2)
- Belinda Murai & 9 others v Amos Wainaina [1979] eKLR
- Lee G.Muthoga v Habib Zurich Finance (K) Limited & Another Civil Application No. 236 of 2009 (UR)
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