Mpangwani Water Project v Kigari Farmers Co-op Society Ltd & 6 others [2005] KEHC 1797 (KLR)

Facts

The applicant initially sued the 1st respondent for a permanent injunction and other relief. The 2nd to 7th respondents applied to be enjoined in the suit. The learned senior resident magistrate dismissed the suit on the grounds that the respondents could not claim monopoly over a natural resource and that they had spent much time and money on maintaining the furrow and were using the water for their priorities.

Issues

1. Whether the applicant should be granted an extension of time to file an appeal out of time
2. Whether the applicant's application is based on the wrong provisions of the law

Reasoning

The court found that the applicant has provided information on the case in the lower court by availing a copy of the judgment and a Certificate of Delay, showing that the typed judgment was certified on 20.12.2004, which was some 15 days after the expiry of the time allowed for filing of the appeal. The court also found that the intended appeal is not devoid of merit.

Outcome

The applicant's application is allowed.

Authorities cited