State Law Office v Kibira (Civil Application E546 of 2024) [2025] KECA 1307 (KLR) (18 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1307
- Citation
- [2025] KECA 1307 (KLR)
- Decided
- 18 July 2025
The application is allowed in terms of prayer 1 only, granting leave to file and serve a Record of Appeal within fourteen (14) days of today.
Facts
The respondent sought compensation for demolition of her buildings on a parcel of land due to the Ministry of Defence's order, which was based on aviation safety regulations and other legal violations. The applicant filed a Notice of Appeal but did not meet the statutory timelines.
Issues
- Whether the applicant's application for leave to file an appeal out of time should be granted
- Whether the respondent has demonstrated specific prejudice that would result from the grant of the application
Reasoning
The delay in filing the appeal is approximately four months, not inordinate, and the applicant's position before the trial court was that the demolition was necessary for aviation safety. The respondent has not demonstrated specific prejudice, and the application is granted to allow the matter to proceed to appellate determination.
Outcome
The application is granted.
Orders
- Leave granted to file and serve a Record of Appeal within fourteen (14) days of today
Authorities cited
Legislation (3)
- Court of Appeal Rules
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Leo Sila Mutiso v Hellen Wangari Mwangi [1999] 2 EA 231
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