[2009] KEHC 3981 (KLR)
The court found that the applicant was not informed of the date of the appeals committee decision and only became aware of it upon being served with the decree. The respondent did not dispute this assertion. In the interest of justice, the court determined that the applicant had demonstrated sufficient cause for the...
Source-derived case information.
- Citation
- [2009] KEHC 3981 (KLR)
- Parties
- Applicant: Esther Wanjiku Kibugu; Respondent: Julius Nderitu Macharia
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 152 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
- Outcome
- Application for leave to file appeal out of time granted; costs to abide the outcome of the appeal.
- Judges
- MM Kasango
- Legal Topics
- Extension of Time, Leave to Appeal, Stay of Execution, Land Disputes, Appeals Committee Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Wanjiku Kibugu
Applicant
Julius Nderitu Macharia
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against the decision of the land dispute appeals committee.
- 2 Whether the applicant is entitled to a stay of execution of the decree pending determination of the application.
Ratio Decidendi
The court found that the applicant was not informed of the date of the appeals committee decision and only became aware of it upon being served with the decree. The respondent did not dispute this assertion. In the interest of justice, the court determined that the applicant had demonstrated sufficient cause for the delay and was therefore entitled to an extension of time to file her appeal. The prayer for stay of execution was not considered as it was only relevant pending the determination of the present application, which had now been resolved.
Court Disposition
Application for leave to file appeal out of time granted; costs to abide the outcome of the appeal.
Orders
- Leave is granted to Esther Wanjiku Kibugu to file her appeal against the decision of the land dispute appeals committee (Rift valley province) appeal No. 59 of 2006 out of time. The appeal shall be filed within 21 days of the date hereof.
- The costs of the notice of motion dated 14th July 2008 shall abide with the final decision of the appeal.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Misc. Appli. 152 of 2008
ESTHER WANJIKU KIBUGU ……………………………. APPLICANT
VERSUS
JULIUS NDERITU MACHARIA ……………………… RESPONDENT
RULING
Before court is a Notice of motion dated 14th July 2008. By that application the applicant seeks leave to file an appeal out of time against the decision of the land dispute appeals committed (Rift valley province) appeal No. 59 of 2006. The application further seeks stay of execution of the decree in Nanyuki SRMCC land case No. 8 of 2001. In the affidavit in support of that application the applicant stated that the appeals committed delivered its decision on 24th May 2001 but that she was not informed of the dated of the decision. It was not until 17th June 2008 when she was served with the subordinate’s court decree that she realized that the appeals committee had delivered their decision. She therefore prayed that the court would grant her leave to file her appeal against the appeals committee decision out of time. The respondent who was in person responded by saying that this court should allow the appeals committee decision to be executed in the lower court. I have considered the arguments placed before me. The respondent did not dispute the applicant’s contention that she was not informed of the date of the appeals committee decision. That being so I am of the view that the interest of justice would best be met by granting the applicant the prayer for extension of time to file an appeal. The other prayer for stay only sought stay of execution pending the determination of the present application. That prayer therefore is not now before me for determination. The orders of this court are as follows:-
1. This court does hereby grant leave to Esther Wanjiru Kirogo leave to file her appeal against the decision of the land dispute appeals committee (Rift valley province) appeal No. 59 of 2006 out of time. The appeal shall be filed within 21 days of this date hereof.
2. The costs of the notice of motion dated 14th July 2008 shall abide with the final decision of the appeal.
Dated and delivered at Nyeri this 10th day of February 2009.
MARY KASANGO
JUDGE