Yego v Kogo (Civil Application E003 of 2025) [2025] KECA 1225 (KLR) (11 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1225
- Citation
- [2025] KECA 1225 (KLR)
- Decided
- 11 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file an appeal out of timeCoramW. KORIR
Holding
The application is for striking out and is hereby struck out. The respondent shall have the costs of this unnecessary application from the applicant.
Facts
The applicant, Daniel Kiptanui Yego, sought to file an appeal against the judgment of the Environment and Land Court at Eldoret, but the trial court delayed in supplying the typed proceedings despite the Notice of Appeal and the letter bespeaking proceedings being lodged within the requisite time.
Issues
- Whether the trial court delayed in supplying the typed proceedings
- Whether the intended appeal is arguable
Reasoning
The Court held that the applicant sought what is freely available under the proviso to rule 84(1) as regards the prayer for enlargement of time, and what cannot be given to him by a single judge as regards the prayer for stay of execution.
Outcome
The application is struck out.
Orders
- The application is struck out.
- The respondent shall have the costs of this unnecessary application from the applicant.
Authorities cited
Cases cited (1)
- Kirira vs. Deputy Registrar High Court Nyeri & 4 others [2025] KECA 953 (KLR)
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.
Loading judgment…