Okenda v County Government of Kajiado & another (Environment & Land Case E039 of 2021) [2023] KEELC 20570 (KLR) (5 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20570
- Citation
- [2023] KEELC 20570 (KLR)
- Decided
- 5 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Principal Magistrate dismissing the plaintiff's suitCoramLC KOMINGOI
Holding
The application is dismissed as there is no merit and the delay in filing the application has not been convincingly explained.
Facts
The plaintiff filed a suit against the County Government of Kajiado and another, seeking orders to allow an appeal out of time and costs. The plaintiff claimed that the judgment was delivered in her absence and she only discovered it on June 29, 2021.
Issues
- Whether the delay in filing the appeal application was undue
- Whether the plaintiff has demonstrated that the judgment was delivered in her absence
Reasoning
The court found that the plaintiff failed to follow up on her case and the delay of six months was not explained. The court also cited Evans Kiptoo v. Reinhard Omwoyo Omwoyo (2021) eKLR for the principle that the delay in filing the application must be convincingly explained.
Outcome
Appeal dismissed
Orders
- Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya
Cases cited (1)
- Evans Kiptoo v. Reinhard Omwoyo Omwoyo (2021) eKLR
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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