[2018] KEELC 4803 (KLR)
The court found that the delay in filing the appeal was not inordinate and was satisfactorily explained by the applicant, who was unable to file the memorandum of appeal within the stipulated time due to the court order not being signed promptly. The absence of opposition from the respondents, who failed to file any...
Source-derived case information.
- Citation
- [2018] KEELC 4803 (KLR)
- Parties
- Applicant: Geoffrey Mutua Karatho (Legal Representative of Andrew Mbiti Karatho); Respondent: The Land Adjudication and Settlement Officer – Igembe; Respondent: The Hon Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 18 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals From Subordinate Courts, Land Adjudication, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Mutua Karatho (Legal Representative of Andrew Mbiti Karatho)
Applicant
The Land Adjudication and Settlement Officer – Igembe
Respondent
The Hon Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to file an appeal against the order of the SPM in Meru C.M.C.C. No. 255 of 2011.
- 2 Whether the delay in filing the appeal was inordinate or excusable.
Ratio Decidendi
The court found that the delay in filing the appeal was not inordinate and was satisfactorily explained by the applicant, who was unable to file the memorandum of appeal within the stipulated time due to the court order not being signed promptly. The absence of opposition from the respondents, who failed to file any replying affidavit or submissions, further supported the applicant's case. The court exercised its discretion to allow the application and granted the applicant an extension of 14 days to file the appeal, emphasizing that failure to comply would result in the dismissal of the application.
Court Disposition
application allowed
Orders
- Time within which to file an appeal is extended by 14 days from the date of this ruling.
- Failure to comply within 14 days will result in the dismissal of the miscellaneous application.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC MISC. APPL NO. 18 OF 2017
GEOFFREY MUTUA KARATHO (Legal Representative of
ANDREW MBITI KARATHO.........................................APPLICANT
VERSUS
THE LAND ADJUDICATION AND
SETTLEMENT OFFICER –IGEMBE..................1ST RESPONDENT
THE HON ATTORNEY GENERAL.....................2ND RESPONDENT
R U L I N G
1. In the application dated 05:09:17, applicant is seeking for more time to file an appeal against the order of SPM in Meru C.M.C.C. No. 255 of 2011 dated 24:04:17.
2. The supporting grounds are on the face of the application and there is also a Supporting Affidavit of the applicant.
3. On 18:10:17, Kimathi B for the Respondent, informed the court that they had not been served. The Court gave directions for the Respondent to be served in the course of that day, and the Respondent was ordered to file their Replying Affidavit within 14 days.
4. The court further gave directions for the application to be canvassed by way of Written Submissions and a mention date was scheduled on 07:12:17.
5. Come 07:12:17 and Respondent had neither filed a Replying Affidavit or Submissions.
6. I have considered the arguments advanced by the applicant. In particular, I have taken into account the applicant’s explanation that the memorandum of appeal was ready by 03:07:17, but could not be filed as the Court Order had not been signed until 31:07:17.
7. The delay in filing the appeal as ordered by the Court (within 14 days) is not inordinate. It is also excusable. In the circumstances, the application of 05:09:17 is allowed in the following terms:-
1)The time within which to file an appeal is hereby extended whereby applicant is given 14 days to comply failure to which this miscellaneous application will stand as dismissed.
2)Costs in the cause.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 25th JANUARY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Nyakwana H/B Rimiti for Application Present
Attorney General for 2nd Respondent absent
HON. L. N. MBUGUA
ELC JUDGE