[2019] KEELC 846 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, specifically that the certified copy of the ruling was not availed in time, which prevented timely filing. The court exercised its discretion to extend the time for filing the appeal, subject to compliance with...
Source-derived case information.
- Citation
- [2019] KEELC 846 (KLR)
- Parties
- Appellant: Ciomatau M’Imula; Respondent: Christine Muthoni Kiramunya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 37 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Out of Time, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ciomatau M’Imula
Appellant
Christine Muthoni Kiramunya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time against the ruling of the senior resident magistrate’s court at Maua.
- 2 Whether the delay in filing the appeal was justified due to late availability of the ruling.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, specifically that the certified copy of the ruling was not availed in time, which prevented timely filing. The court exercised its discretion to extend the time for filing the appeal, subject to compliance with the set timelines. The application was therefore allowed, with the memorandum of appeal to be filed and served within 30 days, failing which the extension would lapse.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file and serve the memorandum of appeal within 30 days from the date of the ruling.
- Time for filing the appeal is extended accordingly.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC MISC NO. 37 OF 2019
CIOMATAU M’IMULA ......................................APPELLANT
VERSUS
CHRISTINE MUTHONI KIRAMUNYA...................... RESPONDENT
RULING
1. The application dated 30. 7.2019 was seeking for the following orders:
(a) That the application be certified urgent and be heard on priority basis.
(b) That this court be pleased to allow the applicant to appeal out of time against the ruling of the senior resident magistrate’s court at Maua dated 30th May, 2019 in Maua ELC case no. 102 of 2019.
(c) That the costs of this application be provided for.
2. The grounds in support of this application are that:
(i) That the application for certified copy of the ruling/order was made immediately after the ruling was delivered.
(ii) That the said ruling was not availed until time to appeal had expired making this application necessary.
3. I have perused the application dated 30. 7.2019 which was duly served. I find that the same is merited. I allow the same on the following terms:
i) The memorandum of appeal is to be filed and served within 30 days from today.
ii) The time is extended accordingly
iii) The order for extension of time shall lapse if there is non-compliance with clause 1 herein.
iv) Costs in the cause.
v) File is marked as closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 13TH DAY OF NOVEMBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Rimita for plaintiff
Applicant
HON. LUCY. N. MBUGUA
ELC JUDGE