[2023] KEELC 18250 (KLR)
The court found that the application was unopposed and that the respondent only requested that the appellant be given a limited time to file the appeal. In the interests of justice and to avoid defeating the ends of justice, the court exercised its discretion to allow the application. The appellant was granted 30...
Source-derived case information.
- Citation
- [2023] KEELC 18250 (KLR)
- Parties
- Appellant: Nasir Said Chute; Respondent: Jamal Bidhu Issu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 7 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
- Outcome
- Application allowed.
- Judges
- PM Njoroge
- Legal Topics
- Leave to Appeal Out of Time, Stay of Execution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nasir Said Chute
Appellant
Jamal Bidhu Issu
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Legal Issues
- 1 Whether the appellant should be granted leave to file an appeal out of time.
- 2 Whether the memorandum of appeal already filed should be deemed properly on record.
- 3 Whether a stay of execution of the lower court's judgment should be granted pending appeal.
Ratio Decidendi
The court found that the application was unopposed and that the respondent only requested that the appellant be given a limited time to file the appeal. In the interests of justice and to avoid defeating the ends of justice, the court exercised its discretion to allow the application. The appellant was granted 30 days to file and serve all appeal documents. The court also ordered that costs would be in the cause and set a mention date for directions.
Court Disposition
Application allowed.
Orders
- The applicant is granted 30 days to file and serve all appeal documents.
- The application is allowed as prayed.
Full Case Text
Judgment text and source record
21 paragraphs
Chute v Issu (Environment and Land Appeal 7 of 2023) [2023] KEELC 18250 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18250 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal 7 of 2023
PM Njoroge, J
June 19, 2023
Between
Nasir Said Chute
Appellant
and
Jamal Bidhu Issu
Respondent
Ruling
1. This application is dated April 11, 2023 and seeks orders;a.That this matter be certified urgent and heard exparte in the first instance.b.That the appellant be granted leave to lodge an appeal against the judgement delivered by Principal Magistrates Court at Marsabit delivered by Honourable Christine Wekesa (mrs) Principal Magistrate on the January 17, 2023 out of time.c.That upon being granted prayer number (b) herein, the already filed memorandum of appeal be deemed as properly on record.d.That this Honourable Court be pleased to issue an order for stay of execution of the judgement entered and delivered herein against the applicant on Ruling and Order of the Principal Magistrate on the January 17, 2023 pending the hearing and determination of the intended appeal.e.That any other reasonable order the court may issue to avoid the defeat of the ends of justice.f.That costs of this application be provided for.
2. The application is predicated upon the grounds on its face and the applicant’s supporting affidavit sworn on April 11, 2023.
3. Today Miss Nyasani holding brief for John Behaile for the respondent asked the court to allow the application but asked the court to give the applicant a limited time within which he should file his appeal.
4. In the circumstances, this application is allowed. The applicant is granted 30 days to file and serve all his appeal documents.
5. Costs will be in the cause.
6. The matter will be mentioned for directions on 2/10/2023.
DELIVERED IN OPEN COURT AT ISIOLO THIS 19TH DAY OF JUNE, 2023 IN THE PRESENCE OF;Court Assistant: Balozi/RahmaM/S Nyasani holding brief for Buhaile for the Respondent.HON. JUSTICE PM NJOROGEJUDGE