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Rose Mukonda Opanda & 3 others v Leonida Omukoyia Nyangweso [2019] KEELC 709 (KLR)

[2019] KEELC 709 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
709
Citation
[2019] KEELC 709 (KLR)
Decided
26 November 2019
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeCivilPostureAppeal from a subordinate court rulingCoramN.A. MATHEKA
The application is dismissed with costs

Facts

The applicants were restrained from entering, ploughing, charging, interfering, leasing, selling, disposing and alienating the suit property Butsotso/Esumeyia/1102 by Hon. Wandere on March 19, 2019. The applicants were unaware of the ruling until May 21, 2019.

Issues

  • Whether the applicants had good and sufficient cause for not filing the appeal in time
  • Whether the delay in filing the appeal is excusable

Reasoning

The court finds the reason for the delay unacceptable and no good and sufficient cause for not filing the appeal in time has been demonstrated.

Outcome

Dismissed

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (1)
  • Paul Musili Wambua v Attorney General & 2 others [2015] eKLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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