Wepukhulu v Wepukhulu; Mongeni (Applicant); Wasike (Respondent) (Environment & Land Case 36 of 1998) [2023] KEELC 17559 (KLR) (25 May 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 17559
- Citation
- [2023] KEELC 17559 (KLR)
- Decided
- 25 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a ruling on a motion to extend time for filing an appeal and to seek the opinion of the Court of AppealCoramHON. DR. IURFRED NYAGAKA
Holding
The court does not find any merit in the application and dismisses it with costs to the respondent.
Facts
The case involves a motion by the plaintiff to extend time for filing an appeal and to seek the opinion of the Court of Appeal. The plaintiff also sought to tax fees charged by an advocate.
Issues
- Whether the court should extend the time for filing an appeal
- Whether the plaintiff's reason for seeking the opinion of the Court of Appeal is valid
Reasoning
The court does not find the reason given by the applicant as one that would entitle the court to extend the time for filing an appeal. The applicant's reason for seeking the opinion of the Court of Appeal is deemed 'fimsy and untenable.'
Outcome
The application is dismissed with costs to the respondent.
Orders
- The application is dismissed with costs to the respondent.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Civil Procedure Rules
- Court of Appeal Rules
- Advocates Act
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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