Samuel K. Ngerechi & 3 others v Joseph Kipkoech Ngerechi [2020] KEELC 62 (KLR)
- Court
- Environment & Land Court
- Case number
- 62
- Citation
- [2020] KEELC 62 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling of the Senior Principal Magistrate, Narok (Hon. Sitati) dated 23rd December, 2015CoramMohammed Kullow
Holding
The court grants the extension of time to file the appeal, but only if the appeal is filed within 60 days of the ruling herein. Each party shall bear its costs.
Facts
The applicants sought an extension of time to file their appeal, claiming that judgment had been entered on 23rd April, 2018 and a decree issued in their favour on 23rd June, 2016. However, the trial court had conducted a hearing to cross-examine the parties' averments.
Issues
- Whether the applicants have made a compelling reason to grant an extension of time to file their appeal out of time.
- Whether the applicants have stated the grounds upon which the application is based.
Reasoning
The court disregards procedural technicalities and allows the application due to the right of appeal being a constitutional right. The applicants have not demonstrated sufficient reasons for the delay.
Outcome
Appeal granted with conditions
Orders
- Extension of time to file appeal within 60 days of the ruling herein.
- Urgent order of stay of execution of the order of Eviction pending the hearing of the application.
Remedies
- Extension of time to file appeal
- Urgent order of stay of execution
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Constitution of Kenya 2010
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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