[2022] KEELC 1883 (KLR)
The court determined that before substantive orders can be made on the application for leave to appeal out of time, the defendant must be properly served with the application and the hearing date. The court emphasized procedural fairness and the right of the respondent to be heard. Accordingly, the court directed...
Source-derived case information.
- Citation
- [2022] KEELC 1883 (KLR)
- Parties
- Plaintiff: Hassan Dabaso Duba; Defendant: The Catholic Diocese of Marsabit
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application for leave to appeal out of time to be served and set for interpartes hearing; no substantive orders granted ex parte.
- Legal Topics
- Leave to Appeal Out of Time, Service of Process, Interpartes Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Dabaso Duba
Plaintiff
The Catholic Diocese of Marsabit
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the plaintiff should be granted leave to appeal out of time against the judgment delivered on 14th July, 2021.
- 2 Whether the application should be certified as urgent and heard ex parte in the first instance.
- 3 Whether the memorandum of appeal annexed should be deemed as duly filed upon payment of requisite fees.
Ratio Decidendi
The court determined that before substantive orders can be made on the application for leave to appeal out of time, the defendant must be properly served with the application and the hearing date. The court emphasized procedural fairness and the right of the respondent to be heard. Accordingly, the court directed that the application be served within 10 days and set the matter for interpartes hearing, declining to grant the substantive reliefs ex parte at this stage.
Court Disposition
Application for leave to appeal out of time to be served and set for interpartes hearing; no substantive orders granted ex parte.
Orders
- The application to be served upon the defendant within 10 days.
- The date for interpartes hearing to be served upon the defendant within 10 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT AT ISIOLO
MISCELLANEOUS APP. E001 OF 2020
HASSAN DABASO DUBA.............................................................PLAINTIFF
VERSUS
THE CATHOLIC DIOCESE OF MARSABIT.........................DEFENDANT
RULING
1. This application is dated 24th January, 2022 and seeks the following orders:-
1. That the application be certified as urgent and be heard forthwith exparte in the first instance.
2. That the Honourable Court be pleased to grant the plaintiff/Applicant leave to Appeal out of time against the Judgement of Honourable Mbayaki Wafula Senior Resident Magistrate, Marsabit delivered on 14th July, 2021.
3. That the memorandum of Appeal annexed herewith be deemed as duly filed upon payment of the requisite fees.
4. Thatthe costs of this application be provided for.
2. The application is supported by the affidavit of George Korongo, the applicant’s advocate and is also supported by the grounds itemized on its face.
3. Having perused the application I issue the following orders:
a) The application should be properly served upon the defendant within 10 days of today.
b) The date for interpartes hearing fixed by the court should be served upon the defendant within 10 days of today.
c) The application will be heard interpartes on the 21st day of February, 2022.
WRITTEN AND DELIVERED IN CHAMBERS AT ISIOLO THIS 31ST DAY OF JANUARY, 2022 IN THE PRESENCE OF:
COURT ASSISTANT: DENGE
HON. JUSTICE P. M. NJOROGE
ELC JUDGE, ISIOLO