Odhiambo v Nganya (Miscellaneous Application 37 of 2022) [2023] KEELC 20853 (KLR) (19 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20853
- Citation
- [2023] KEELC 20853 (KLR)
- Decided
- 19 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to file an appeal out of timeCoramSO OKONG'O
Holding
The applicant's application is dismissed as no good and sufficient reason has been given for the extension of time sought
Facts
The applicant sought to appeal a judgment delivered on 28th September 2021, but filed the appeal more than a year later. The applicant claims she was unaware of the judgment due to being sick and staying upcountry.
Issues
- Whether the applicant has a good and sufficient cause for not filing the appeal in time
- Whether the applicant's application is res judicata
Reasoning
The court found the delay of over a year to be inordinate and the applicant did not provide a reasonable explanation for the delay. The applicant's application was not brought earlier due to lack of evidence and responsibility to follow up on cases.
Outcome
Application dismissed
Orders
- Application dismissed
- Preliminary Objection dismissed
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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