Edward Njane Nganga & another v Damaris Wanjiku Kamau & another [2016] KEELC 1156 (KLR)
- Court
- Environment & Land Court
- Case number
- 1156
- Citation
- [2016] KEELC 1156 (KLR)
- Decided
- 3 February 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of Ombwayo J.CoramAganyanya, Githinji, Kimaru, Munyao, Ombwayo
Holding
The High Court has jurisdiction to extend time for filing an appeal out of time.
Facts
The applicants filed a notice of appeal out of time against a judgment of Ombwayo J. due to delays in obtaining documents required to prepare the record of appeal.
Issues
- Whether the Environment and Land Court has jurisdiction to extend time for filing an appeal out of time.
- Whether the Court of Appeal has exclusive jurisdiction to grant extension of time for filing an appeal.
Reasoning
The court held that Section 7 of the Appellate Jurisdiction Act confers jurisdiction on the High Court to extend time for filing an appeal, and that this jurisdiction is not exclusive to the Court of Appeal.
Outcome
The application for leave to file an appeal out of time was granted.
Orders
- Leave to file an appeal out of time was granted.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Appellate Jurisdiction Act
Cases cited (3)
- Loise Chemutai Ngurule & Another v. Winfred Leshwari Kimung’en & 2 Others (2015)eKLR
- Simon Towett Martim v Jotham Muiruri Kibaru, Nakuru High Court, Miscellaneous Civil Application No. 172 of 2004 (2004)eKLR
- Kenya Airports Authority & Another vs Timothy Nduvi Mutungi, Court of Appeal, Civil Application NO. NAI 165 of 2013 (UR 113/2013) (2014) 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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