Wasi v Mosioma (Environment and Land Miscellaneous Application E14 of 2022) [2023] KEELC 17067 (KLR) (27 April 2023) (Ruling)

Summary at a glance

Facts

The applicant, Michael Orinda Wasi, sought an appeal against a judgment dismissing his case and allowing the respondent's counterclaim due to an oversight by his counsel.

Issues

• Whether the applicant has shown good and sufficient cause to deserve the orders sought in the application.
• Whether the application is a sham and should be dismissed with costs.

Reasoning

The court finds that the applicant has shown good and sufficient cause for not filing the appeal in time due to a mistake of counsel, and the application has merit.

Outcome

The application is allowed.

Orders

• Leave granted to file an appeal out of time.
• Costs of the application to abide the prospective appeal.
• The applicant to lodge the prospective appeal within 21 days from this date.
• If not done, the orders will lapse automatically.

Authorities cited