Clement Chemonges v John Masai & another [2019] KEELC 3553 (KLR)
- Court
- Environment & Land Court
- Case number
- 3553
- Citation
- [2019] KEELC 3553 (KLR)
- Decided
- 8 May 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from dismissal of suitCoramShah
Holding
The court grants the plaintiff leave to file a notice of appeal out of time.
Facts
The plaintiff sought an injunction against the defendants, but the suit was dismissed with costs due to non-compliance with a court order. The plaintiff then filed an application for leave to file a notice of appeal out of time.
Issues
- Whether the plaintiff can file a notice of appeal out of time
- Whether the court can extend time to file a notice of appeal
Reasoning
The court finds that the statutory period for filing an appeal has not expired, and the plaintiff's delay in filing the notice of appeal was neither inordinate, inexcusable, nor unreasonable. The court also considers the plaintiff's chances of success in the appeal and the potential irreparable loss he would suffer if the appeal is not filed.
Outcome
Leave to file a notice of appeal out of time granted
Orders
- Leave to file a notice of appeal out of time granted
Remedies
- Leave to file a notice of appeal out of time granted
Authorities cited
Legislation (2)
- Order 42 Rule 6(4) of the Civil Procedure Rules
- Article 159(2)(d) of the Constitution of Kenya 2010
Cases cited (6)
- Leo Sila Mutiso -vs- Rose Hellen Wangari Mwangi civil Application No. 255 of 1997
- Samuel Mwaura Muthumbi -vs- Josphine Wanjiru Ngugi & Another [2018] eKLR
- Njuguna -vs- Magichu & 3 Others [2003] eKLR
- Kenya Industrial Estate Limited -vs- Samuel Sand and Another [2008] eKLR
- Butt -vs- Rent restriction Tribunal [1982] eKLR 417
- Re - the estate of Zakayo Kipkoech Kitui (deceased) [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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