Simon Wambua Mukula. & 10 others v Attorney General & 3 others [2021] KEELC 274 (KLR)
- Court
- Environment & Land Court
- Case number
- 274
- Citation
- [2021] KEELC 274 (KLR)
Summary at a glance
TypeCivilPostureApplication for leave to appeal
The court grants leave to appeal the dismissal of the petition for want of prosecution.
Facts
Petitioners filed a petition for compulsory acquisition of land and compensation, and removal or demolition of their properties. The petition was dismissed for want of prosecution. Petitioners then filed an application for leave to appeal the dismissal.
Issues
- Whether the petitioners have established proper, sufficient, and credible grounds for the court to exercise discretion in granting leave to appeal.
- Whether the delay in filing the application for dismissal of the petition for want of prosecution was reasonable.
Reasoning
The court grants leave to appeal due to the petitioners' desire to be heard on appeal and the reasonable period of time between the filing of the application and the notice of appeal.
Outcome
Leave to appeal granted
Orders
- Petitioners are granted leave to appeal the dismissal of the petition for want of prosecution.
- Petitioners must file their appeal within 30 days from the date of this ruling.
- If the appeal is not filed within 30 days, the leave granted will lapse.
Remedies
- Petitioners are granted an opportunity to be heard on appeal by the Court of Appeal.
Authorities cited
⚠ 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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