[2018] KEELC 3225 (KLR)
The court found that the applicant acted diligently by promptly requesting a copy of the judgment soon after its delivery and that the delay in filing the appeal was occasioned by the late provision of the judgment by the court. The absence of a response from the respondent and the evidence of the applicant's...
Source-derived case information.
- Citation
- [2018] KEELC 3225 (KLR)
- Parties
- Appellant: Ibrahim Gatobu; Respondent: Mwichwiri Farmers Co. Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 23 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Out of Time, Judicial Discretion, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Gatobu
Appellant
Mwichwiri Farmers Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the applicant acted diligently in seeking a copy of the judgment.
Ratio Decidendi
The court found that the applicant acted diligently by promptly requesting a copy of the judgment soon after its delivery and that the delay in filing the appeal was occasioned by the late provision of the judgment by the court. The absence of a response from the respondent and the evidence of the applicant's efforts to obtain the judgment led the court to exercise its discretion in favor of granting leave to file the appeal out of time. The application was therefore allowed, subject to the appeal being filed within seven days from the date of the ruling.
Court Disposition
application allowed
Orders
- The appeal is to be filed within 7 days from the date of delivery of this ruling, failing which the application will stand as dismissed.
- The matter to be mentioned after 7 days to ascertain compliance and to close this file.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC MISC 23 OF 2017
IBRAHIM GATOBU........................................................APPELLANT
VERSUS
MWICHWIRI FARMERS CO. LTD...........................RESPONDENT
RULING
1. In the application filed on 8. 12. 2017, applicant is seeking for orders to file appeal out of time. The application was served but no response was ever filed.
2. Applicant avers that the judgment in Meru CMCC No. 772 of 2015 was read on 17. 8.2017 and he was dissatisfied with the said judgment. He applied for a copy of the said judgment but this was not forth coming until 7. 11. 2017.
3. I have seen annexure 1 G (a), the letter of 21. 8.2017 written to the chief magistrate Meru requesting for a copy of the judgment. The chief magistrates’ stamp confirming receipt of the letter bears the date of August 2017. This is an indication that applicant was vigilant and made efforts to get the judgment without delay.
4. The application of 7. 12. 2017 is therefore merited and is allowed in the following terms;
(i) The appeal is to be filed within 7 days from the date of delivery of this ruling failure to which the application will stand as dismissed.
(ii) The matter to be mentioned after 7 days to ascertain compliance and to close this file.
(iii) No orders as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 9th MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Miss Munga for Applicant present
Applicant present
Respondent present
HON. LUCY. N. MBUGUA
ELC JUDGE