Moses Ouya Mahocha v Ancetus Adongo & 2 others [2005] KEHC 1808 (KLR)

Facts

The applicant, Moses Ouya Mahocha, filed a complaint against the respondents before the Funyula Land Disputes Tribunal claiming ownership of L.R. No. SAMIA/LUCHULULO/BUKHULUNGU/774. The tribunal cancelled the applicant's title and ordered it to be registered in the names of the respondents. The applicant then filed a Judicial Review application in the High Court, which was struck out due to being filed out of time. The applicant subsequently filed a motion for leave to appeal out of time and a stay of execution.

Issues

1. Whether the applicant should be granted leave to appeal out of time
2. Whether the applicant should be granted a stay of execution pending the appeal

Reasoning

The court found that the applicant's delay in filing the appeal was due to pursuing a judicial review application, which was a reasonable excuse. However, the court held that the provincial appeals committee became functus officio once the tribunal's decision was adopted as the order of the Senior Resident Magistrate's court, and the only available remedy was to seek an appeal to the High Court.

Outcome

Dismissed with costs

Authorities cited