David M. Mereka v Kenya Council of Catholic Bishops & another [2019] KEELC 968 (KLR)
- Court
- Environment & Land Court
- Case number
- 968
- Citation
- [2019] KEELC 968 (KLR)
- Decided
- 31 October 2019
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
- Whether the appellant had a good and sufficient cause for not filing the appeal within time.
- 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.
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