MUTIGA KARATU v ELIZABETH MUREGI MATHEW [2007] KEHC 1269 (KLR)

Facts

The applicant sought an order for review of the court's exparte orders granting the respondent leave to appeal out of time. The applicant argued that the court had no jurisdiction to entertain the respondent's application for leave to appeal out of time from a decision of the Land Dispute Tribunal. The applicant also argued that the application was fatally defective and that the appeal had been overtaken by events.

Issues

1. Whether the court had jurisdiction to grant leave to appeal out of time
2. Whether the application was fatally defective

Reasoning

The court found no important matter or evidence that the applicant had just discovered in the application. The fact that the court granted leave to file the appeal out of time does not constitute an error on the face of the record. The court's discretion in matters of review must be exercised judicially.

Outcome

Application dismissed

Authorities cited