Odoyo v Odote (Environment and Land Miscellaneous Application E009 of 2023) [2024] KEELC 5252 (KLR) (10 July 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5252
- Citation
- [2024] KEELC 5252 (KLR)
- Decided
- 10 July 2024
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication to be allowed to file an appeal out of timeCoramGMA ONGONDO
The application is determined in favor of the applicant regarding the filing of an appeal out of time with no order as to costs.
Facts
The applicant, Alphonse D. Odote, sought permission to file an appeal out of time and requested costs for the application. The respondent did not oppose the application.
Issues
- Whether the appeal was filed in accordance with the Constitution and Civil Procedure Act
- Whether the costs of the application should be provided
Reasoning
The court determined that the appeal was filed in accordance with Article 159(2)(b) of the Constitution of Kenya 2010, which provides for the principle of not delaying justice. The application is thus determined in favor of the applicant.
Outcome
The application is determined in favor of the applicant.
Orders
- The application is marked as determined.
Authorities cited
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