Mango Twoli v Hamphrey Okolwe [2013] KEHC 2572 (KLR)
- Court
- High Court of Kenya
- Case number
- 2572
- Citation
- [2013] KEHC 2572 (KLR)
- Decided
- 17 July 2013
The court dismisses the application and finds that the applicant did not file an appeal within the required time and does not deserve the court's discretion.
Facts
The applicant filed a decision from the Butula Land Disputes Tribunal on December 20, 2010. He attempted to appeal to the Kakamega Provincial Land Dispute Appeal Committee but faced delays and the committee was abolished. He then learned about the establishment of the High Court and filed the appeal application.
Issues
- Whether the applicant has the right to file an appeal out of time
- Whether the court has the jurisdiction to extend the appeal period
Reasoning
The applicant did not file an appeal within the 30-day period required by the Land Dispute Tribunal Act and the Provincial Appeals Committee ceased to exist after the repeal of the Act. The court does not have jurisdiction to extend the appeal period.
Outcome
Application dismissed with costs
Authorities cited
Legislation (3)
- Land Disputes Tribunal Act
- Civil Procedure Act
- Environment and Land Court Act
Cases cited (2)
- Philip Kipchumba Misoi and 3 others –vs- Kachero Ole Malala and Another (2006) eKLR
- Miriti –vs- Rucha (2004) eKLR
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