Paul Kinoti Anampiu v Mwika Kanampiu M’akwalu & another [2021] KEELC 531 (KLR)
- Court
- Environment & Land Court
- Case number
- 531
- Citation
- [2021] KEELC 531 (KLR)
- Decided
- 1 December 2021
Summary at a glance
TypeAppealPostureAppellant seeks leave to file appeal out of time and temporary orders of injunction.
The court grants the appellant leave to file and serve a notice of appeal within 14 days from the date hereon.
Facts
The appellant, Paul Kinoti Anampiu, seeks leave to file an appeal out of time due to a delay in receiving the judgment. He claims he lives on the suit land and is likely to be evicted. The respondent, Mwika Kanampiu M’Akwalu, opposes the application, stating the appeal was made in the wrong court and lacks merit.
Issues
- Whether the appeal was made in the wrong court.
- Whether the appeal lacks merit.
- Whether the delay in filing the appeal has been sufficiently explained.
- Whether the application meets the grounds for stay.
Reasoning
The court finds the appellant's delay in filing the appeal was due to a lack of awareness of the judgment, and not due to any intentional delay. The court grants leave to file the appeal but rejects the application for temporary injunction and stay.
Outcome
The court grants leave to file the appeal.
Orders
- Grant leave to file and serve a notice of appeal within 14 days from the date hereon.
- Reject application for temporary injunction and stay.
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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