Osman v Gilani (Environment and Land Miscellaneous Case E079 of 2025) [2026] KEELC 801 (KLR) (17 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 801
- Citation
- [2026] KEELC 801 (KLR)
- Decided
- 17 February 2026
The court dismissed the application with costs, finding that the Applicant did not meet the threshold for the grant of leave to file an appeal out of time.
Facts
The Applicant, Yahya Yussuf Osman, sought to extend the time to file an appeal out of time due to alleged delays in filing an application to clear rent arrears. The Respondent, Mohineen Alibhai Gilani, opposed the application, citing lack of explanation for the delay and potential prejudice to the Respondent.
Issues
- Whether the Applicant should be granted the reliefs sought
- Who should bear costs
Reasoning
The court considered the guidelines laid down in Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others (2013) eKLR and found that the Applicant did not sufficiently explain the reason for the delay in filing the appeal. The court also noted that the Applicant had engaged new legal representation and used other avenues to avoid compliance with the court's orders.
Outcome
Dismissed with costs
Orders
- Application dismissed with costs
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others (2013) eKLR
- County Executive of Kisumu v County Government of Kisumu & others (2017) eKLR
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