Mohamed Amin Kakao & another v Nyakigo Odero [2021] KEELC 722 (KLR)
- Court
- Environment & Land Court
- Case number
- 722
- Citation
- [2021] KEELC 722 (KLR)
- Decided
- 25 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a subordinate court judgmentCoramIn Divya, Mohammed
Holding
The court found that the delay in filing the appeal was not inordinate and that the appeal has chances of success, thus granting leave to appeal.
Facts
The judgment in the lower court was delivered on 4th December 2019. The 1st Applicant filed a Supporting Affidavit stating that the statutory period for filing the Intended Appeal elapsed before he could file a Memorandum of Appeal due to delay in obtaining the court judgment and proceedings.
Issues
- Whether the appeal was filed within the statutory period
- Whether the appeal has chances of success
Reasoning
The court found that the delay in obtaining the court judgment and proceedings was not inordinate and that the appeal has chances of success, thus granting leave to appeal.
Outcome
Leave to appeal granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi
- Kenya Power & Lighting Company Ltd v Rose Anyango
- Divya J. Patel v Guardian Bank Limited
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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