Ojwang & another v Adero & 2 others (Miscellaneous Application E019 of 2024) [2025] KEELC 7437 (KLR) (30 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7437
- Citation
- [2025] KEELC 7437 (KLR)
- Decided
- 30 October 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal Out of TimeCoramAE DENA, Hon.
Holding
The court grants leave to appeal out of time due to the applicant's inadvertent delay in filing the appeal.
Facts
The appellants failed to file an appeal within 30 days of the subordinate court's judgment dismissing their suit. They now seek leave to appeal out of time.
Issues
- Whether the application has merit
- Whether the court should grant leave to appeal out of time
Reasoning
The court considers the applicant's explanation of the delay and the lack of prejudice to the respondent, granting the application.
Outcome
Leave to appeal out of time granted
Orders
- Admission of the Memorandum of Appeal
- Stay of execution of the subordinate court's judgment pending the hearing and determination of the appeal
- Stay of execution of the subordinate court's orders pending the hearing and determination of the appeal
- Costs of the application provided for
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Arap Korir Sala v IEBC & & Others (2014)
- First American Bank of Kenya Ltd v. Gulab P Shah & 2 Others Nairobi (Milimani) HCCC NO. 2255 of 2000 [2002] 1 EA 65
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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