Wathanga & 2 others v Joseph & another (Miscellaneous Application E012 of 2022) [2023] KEELC 18604 (KLR) (5 July 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18604
- Citation
- [2023] KEELC 18604 (KLR)
- Decided
- 5 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal Out of TimeCoramNYUKURI
Holding
The application is not incompetent, and the court grants leave to appeal out of time.
Facts
The Applicants sought leave to appeal out of time against a ruling and orders of the Chief Magistrate, claiming they were unaware of the ruling due to technical issues with the court's virtual platform.
Issues
- Whether the application is incompetent.
- Whether there is a good and sufficient cause to extend time for filing the appeal.
Reasoning
The court finds the application not incompetent due to the Applicants' capacity being granted by the High Court. The court grants leave to appeal out of time, finding the Applicants had good and sufficient cause for not filing the appeal in time.
Outcome
Leave to appeal granted out of time.
Orders
- Leave to appeal granted out of time.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Murage Nyawira Gladys v Lydia Mutinda Mutunga
- FWNM v SMM
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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