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Dahir v Board of Management Bulla College Primary School & another (Civil Application E298 of 2024) [2025] KECA 308 (KLR) (21 February 2025) (Ruling)

[2025] KECA 308 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
308
Citation
[2025] KECA 308 (KLR)
Decided
21 February 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to extend time to file an appealCoramAO MUCHELULE, J., Mutungi, J.
Holding

The application is dismissed as there is no merit in it.

Facts

The applicant, Abass Mohamed Dahir, was allocated a plot by the Commissioner of Lands on 7th January 1997, but did not formally accept the offer within 30 days or make the requisite payments. The Environment and Land Court (ELC) at Garissa found that the applicant had not acquired any proprietary interest on the plot.

Issues

  1. Whether the applicant's application to extend time to file an appeal should be granted
  2. Whether the applicant's reasons for the delay are satisfactory

Reasoning

The applicant's reasons for the delay are not satisfactory, and the delay of seven months was inordinate. The possible chances of success of the intended appeal have not been demonstrated.

Outcome

The application is dismissed.

Orders

  • The application is dismissed.
  • The applicant's reasons for the delay are not satisfactory.
  • The possible chances of success of the intended appeal have not been demonstrated.

Authorities cited

Cases cited (1)
  • Andrew Kiplagat Chemaringo vs Paul Kipkorir Kibet [2018] eKLR.
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.
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