Yunus (Suing for and on behalf of the Estate of Alima Mbalalo Mathembe) v Kitetu (Environment and Land Miscellaneous Application 9 of 2023) [2023] KEELC 21637 (KLR) (14 November 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21637
- Citation
- [2023] KEELC 21637 (KLR)
- Decided
- 14 November 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureAppeal Out of TimeCoramAlnashir Visram, Khaja Mohamed, LG KIMANI
The court grants the applicant leave to appeal out of time.
Facts
The applicant filed an application seeking to appeal a judgment from the Hon. S. Mbungi Chief Magistrate due to the absence of the parties at the time of the judgment and financial constraints preventing timely filing of an appeal.
Issues
- Whether the applicant has locus standi to appeal the judgment
- Whether the applicant can be granted leave to appeal out of time
Reasoning
The court grants the applicant leave to appeal out of time based on the applicant's inability to file the appeal within the statutory time frame due to the absence of the parties and financial constraints.
Outcome
Leave to appeal granted out of time
Orders
- The Notice of Appeal and Memorandum of Appeal are deemed as duly filed and served
- The costs of the application are provided for
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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