Tamurei Kobilo Chepkaitany v Joanes Ochiel Nyawara & another [2019] KEELC 1987 (KLR)
- Court
- Environment & Land Court
- Case number
- 1987
- Citation
- [2019] KEELC 1987 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for extension of time to file notice of appeal and stay of execution of judgmentCoramM.A. Odeny
Holding
The application is dismissed with costs as the applicant has not established that he will suffer any loss if the order is not granted and has used untruthful reasons for not filing the notice of appeal in time.
Facts
The applicant filed an application seeking to extend the time to file a notice of appeal and stay the execution of the judgment delivered on 21st June 2018. The judgment was rescheduled due to the parties' presence in court.
Issues
- Whether the judgment was delivered in the absence of the applicant without notice
- Whether the applicant is entitled to the orders sought for extension of time within which to file a notice of appeal
Reasoning
The court found that the applicant was notified of the new date for delivery of the judgment and had time to instruct the lawyer to file a notice of appeal within the stipulated time. The application for stay of proceedings was also dismissed.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (1)
- NYERI E&LC CIVIL APPEAL NO. 8 OF 2013 SAMUEL MWANGI NGANGA DAMARIS WANJIKU KAMAU & JOSEPH KAMAU MWANGI
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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