Kung’u v Gitau & another (Environment and Land Miscellaneous Application E002 of 2022) [2021] KEELC 4735 (KLR) (12 May 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4735
- Citation
- [2021] KEELC 4735 (KLR)
- Decided
- 12 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for extension of time to file an appealCoramL. A. OMOLLO
Holding
The court allows the application for extension of time and grants leave to file an appeal out of time.
Facts
The Applicant initiated a suit against the Respondents in the Environment and Land Court at Nakuru on March 21, 2018. The suit was transferred to the Chief Magistrate's Court at Molo, where judgment was delivered on September 21, 2021 against the Applicant. The Applicant sought to appeal but did not file the appeal within the statutory period.
Issues
- Whether the applicant has satisfied the court that she had good and sufficient cause for not filing the appeal within time.
- Who bears the cost of this application.
Reasoning
The court found that the applicant had provided a reasonable explanation for the delay and that it was in the interest of justice to allow the extension of time.
Outcome
The court grants leave to file an appeal out of time.
Orders
- Grant leave to file an appeal out of time
- File and serve the memorandum of appeal within 15 days from the date of this ruling
- Costs of this application shall abide the intended Appeal
Remedies
- Extension of time to file an appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (2)
- Evans Kiptoo Vs Reinhard Omwoyo Omwoyo [2021] eKLR
- Nicholas Kiptoo Korir Arap Salat vs IEBC & 7 Others [2014] eKLR
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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