Ombanyi v Motuka (Environment and Land Miscellaneous Application 2 of 2023) [2024] KEELC 671 (KLR) (15 February 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 671
- Citation
- [2024] KEELC 671 (KLR)
- Decided
- 15 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppeal Out of TimePostureApplication to file an appeal out of timeCoramMUNYAO SILA
Holding
The application is dismissed with costs as the applicant failed to demonstrate good and sufficient cause for not filing the appeal within the statutory time limit
Facts
The applicant, Tom Ombanyi, sought leave to file an appeal to the Environment and Land Court from a decision of the Magistrates' Court, claiming he was unaware of the judgment date and delivery.
Issues
- Whether the applicant provided good and sufficient cause for not filing the appeal within the statutory time limit
- Whether the applicant was not notified of the judgment delivery
Reasoning
The applicant's sole reason for being out of time was not supported by evidence, and he did not provide copies of proceedings or the judgment. The court found no explanation for waiting over a year to file the appeal.
Outcome
Application dismissed
Orders
- Application dismissed with costs
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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