Salim v Ouya (Environment and Land Appeal E106 of 2022) [2023] KEELC 21403 (KLR) (23 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21403
- Citation
- [2023] KEELC 21403 (KLR)
- Decided
- 23 October 2023
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Milimani Chief Magistrate's Civil CourtCoramMOGENI J
The Appellant's application to appeal out of time is dismissed with costs to the Respondent
Facts
The Appellant filed a civil case against the Respondent seeking various orders regarding apartment No. LH12 as a portion of LR 1870/VI/85/IR85012/. The case was dismissed with costs. The Appellant then filed an application for stay, which was later withdrawn. The Appellant subsequently filed an application to appeal out of time, which was also withdrawn. The Appellant then filed a new application to appeal out of time.
Issues
- Whether the Appellant's application to appeal out of time should be granted
- Whether the Appellant's application to withdraw the previous application should be allowed
Reasoning
The court found that the Appellant's application to appeal out of time was not timely and granted the Respondent's application to strike out the Appellant's memorandum of appeal.
Outcome
Appeal dismissed
Orders
- The Appellant's Notice of Motion dated 31/08/2023 is dismissed with costs to the Respondent
- The Respondent's Application dated 19/07/2023 is upheld as prayed
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