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David M. Mereka v Kenya Council of Catholic Bishops & another [2019] KEELC 968 (KLR)

[2019] KEELC 968 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
968
Citation
[2019] KEELC 968 (KLR)
Decided
31 October 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks extension of time to appeal against the decision of the National Environment Tribunal.CoramS. Okongo
Holding

The appellant has not satisfied the court that he had a good and sufficient cause for not filing the appeal within time, and the application for extension of time is dismissed.

Facts

The appellant filed an appeal to the National Environment Tribunal (NET) out of time, and later sought extension of time to appeal to the Environment and Land Court (ELC). The NET ruled against the appellant's application for extension.

Issues

  1. Whether the appellant had a good and sufficient cause for not filing the appeal within time.
  2. Whether the appellant's failure to file the appeal within time was excusable and beyond his control.

Reasoning

The court found that the appellant did not provide sufficient evidence to show that he had a good and sufficient cause for not filing the appeal within time, and that the time it took the NET to supply the appellant with copies of the typed proceedings had nothing to do with the appellant's failure to file the appeal within time.

Outcome

The appellant's application for extension of time is dismissed.

Orders

  • The appellant's Notice of Motion application dated 30th July, 2018 is dismissed with costs.
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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