Suleiman Waithaka Mwangi v Jimmy Karatu Kimaru & 5 others [2021] KEELC 3349 (KLR)
- Court
- Environment & Land Court
- Case number
- 3349
- Citation
- [2021] KEELC 3349 (KLR)
Summary at a glance
TypeCivilPostureAppeal Out of TimeCoramS. M. KIBUNJA
The court finds that the notice of judgment was properly issued and served, and the 2nd Defendant has not provided a valid reason for not filing the appeal within the time limit.
Facts
The 2nd Defendant filed a Notice of Motion seeking leave to appeal the judgment and stay of execution due to lack of notice and delay in filing the appeal.
Issues
- Whether the notice of judgment was properly issued and served
- Whether the 2nd Defendant has a valid reason for not filing the appeal within the time limit
Reasoning
The court considered the notice of judgment, pleadings, and the pleadings of the parties. It was found that the notice was sent on time and served through the email addresses retained for digital communication due to the pandemic.
Outcome
The application for leave to appeal out of time and stay of execution was denied.
Orders
- The application for leave to appeal out of time and stay of execution was denied.
Authorities cited
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