Villa Greens Limited v Creekview Limited (Environment and Land Appeal E082 of 2022) [2025] KEELC 136 (KLR) (16 January 2025) (Ruling)

Summary at a glance

Facts

The appellant failed to file and serve the record of appeal within the time directed, leading to the dismissal of the appeal for want of prosecution. The appellant then filed an application for reinstatement.

Issues

• Whether the instant application has been mounted without unreasonable and inordinate delay
• Whether the applicant has established sufficient cause to warrant the exercise of the court's discretion

Reasoning

The court found that the delay was not unreasonable or inordinate, and the appellant established sufficient cause to warrant the exercise of equitable discretion.

Outcome

Appeal reinstated and restored for hearing and determination on merits

Orders

• Application dated 22nd October 2024 allowed
• Orders of the court issued on 3rd October 2024 vacated and set aside
• Appeal reinstated and restored for hearing and determination on merits
• Appellant to file and serve the record of appeal within 30 days
• Appeal dismissed for want of prosecution if not filed and served within 30 days
• Costs awarded to the respondent

Remedies

• Reinstatement of the appeal
• Award of costs to the respondent

Authorities cited