CHOGORIA TOWN COUNCIL v ALICE M. NYAGA (? 171 of 2001) [2007] KEHC 387 (KLR) (13 July 2007) (Ruling)

Facts

The plaintiff, Chogoria Town Council, sought an extension of time to file an appeal to the High Court from the decision of the Eastern Province Land Dispute Appeal Committee. The application was filed on 11th April, 2002, and was purportedly allowed by consent on 18th April, 2002. The application was set aside on 26th April, 2007, and the hearing ordered to start de novo.

Issues

1. Whether the provisions of Order 49 rule 5 of the Civil Procedure Rules and Sections 3 and 3A of the Civil Procedure Act apply to matters under the Land Dispute Tribunal Act.
2. Whether the Land Dispute Tribunal Act provides for extension of time to file an appeal to the High Court from the Appeals Committee.

Reasoning

The court exercised its discretion to extend the time for filing the appeal, but found that the applicant's explanation for the delay was not credible. The court also noted that the provisions of the Civil Procedure Rules and the Civil Procedure Act apply to matters under the Land Dispute Tribunal Act.

Outcome

Application dismissed with costs to the respondent.

Authorities cited