Otieno v Wawala & another (Environment & Land Miscellaneous Case E016 of 2022) [2023] KEELC 15833 (KLR) (2 March 2023) (Ruling)

Summary at a glance

Facts

The applicant was dissatisfied with the judgment of the lower court and sought to file an appeal due to lack of funds and delay in gathering documents, but was unable to do so in time.

Issues

• Whether the applicant should be granted leave to appeal out of time
• What orders should this court issue

Reasoning

The court considers the length of delay and the applicant's reason for not filing the appeal in time, finding that the delay was not inordinate and the reason was sufficient and plausible. The court balances the interests of the respondents and the applicant, deciding in favor of the applicant's right to appeal.

Outcome

The applicant is granted leave to appeal out of time and ordered to file a memorandum of appeal within 30 days.

Orders

• The applicant is granted leave to appeal out of time
• The applicant is ordered to file and serve a record of appeal within 30 days from today
• The lower court record is to be availed to this court
• Costs shall abide the outcome of the appeal
• The file is marked as closed

Authorities cited