Kitoitoi Ole Mooke v Boniface Taani [2015] KEHC 2983 (KLR)
- Court
- High Court of Kenya
- Case number
- 2983
- Citation
- [2015] KEHC 2983 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for leave to file an appeal out of time and for temporary injunctionCoramMARY M. GITUMBI
Holding
The Application is dismissed with costs to the Respondent
Facts
The Applicant, Kitoitoi Ole Mooke, is a joint administrator of the estate of Mooke Tonou Lila, his late father. The suit property was transferred to the Respondent, Boniface Taani, by way of transmission on 23rd September 2010. The Applicant learned of the Kajiado Land Dispute Tribunal's award dated 13th March 2008 and its adoption in Kajiado Senior Resident Magistrates Case No. 14 of 2008 on 27th May 2008 after the suit property had been transferred to the Respondent.
Issues
- Whether the Applicant has shown good and sufficient cause for the delay in filing an appeal
- Whether the Applicant has shown good and sufficient cause for the delay in filing judicial review proceedings
Reasoning
The Applicant's explanation for the delay is not convincing, and the court declines to extend time within which to file an appeal or issue any of the other orders sought.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act
- Environmental & Land Court Act
- Land Disputes Tribunal Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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