[2021] KEELC 32 (KLR)
The court found that the Notice of Motion seeking leave to file an appeal out of time was not served as required and was not argued as ordered by the court. Both parties were notified but chose not to appear or canvass the application. In line with established legal principles and previous case law, the court held...
Source-derived case information.
- Citation
- [2021] KEELC 32 (KLR)
- Parties
- Applicant: Charles Mokaya Miroro; Respondent: George Nyamweya Orangi & Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 3 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Legal Topics
- Leave to Appeal Out of Time, Service of Process, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Charles Mokaya Miroro
Applicant
George Nyamweya Orangi & Another
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to leave to file an appeal out of time.
- 2 Whether the Notice of Motion was properly served and argued as ordered by the court.
Ratio Decidendi
The court found that the Notice of Motion seeking leave to file an appeal out of time was not served as required and was not argued as ordered by the court. Both parties were notified but chose not to appear or canvass the application. In line with established legal principles and previous case law, the court held that the application was unmerited due to non-compliance with procedural requirements and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 12th February 2020 is dismissed.
- There shall be no orders as to costs of the Notice of Motion.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT HOMA- BAY
ELC No. 3 OF 2021
(Formerly Migori Misc. ELC NO. 2/2020)
CHARLES MOKAYA MIRORO....................................................................PLAINTIFF
VERSUS
GEORGE NYAMWEYA ORANGI & ANOTHER................................RESPONDENTS
RULING
1. The applicant, Charles Mokaya Miroro through M/s J.M Nyagwencha and company advocates originated a Notice of Motion dated 12th February 2020, seeking leave to file appeal out of time against the Judgement of the Principal Magistrate in Oyugis Senior Principal Magistrate’s Court Environment and land case No 12 of 2018.
2. I note the application (the Notice of Motion) in its entirety.
3. There is no indication that the Notice of Motion was served inspite of this court’s orders of 13th February, 2020.
4. The Notice of Motion has not been argued as ordered by court. The parties were duly served by the Deputy Registrar through, inter alia, email; jmnadvocate@gmail.com, sagwesamson@yahoo.com.
5. The parties were duly notified and are absent. They opted not to appear herein and canvass the Notice Motion, See Ogada-versus Mollin (2009) eKLR 620.
6. Thus, it is the finding of this court that the Notice Motion is unmerited. I proceed to dismiss the Notice of Motion dated 12th February 2020.
7. There shall be no orders as to costs of the Notice of Motion.
DATED AND DELIVERED AT HOMA BAY THIS 9TH DECEMBER, 2021
G.M.A ONG’ONDO
JUDGE
Present;
a) Okello, court assistant
b) Applicant and Respondent - Absent
G.M.A ONG’ONDO
JUDGE