[2020] KEELC 3225 (KLR)
The court considered that the applicant sought leave to appeal out of time due to delay in obtaining typed proceedings and judgment, which was not occasioned by his own fault. The application was made without undue delay, and the respondent would not be prejudiced by the grant of leave. The court found that the...
Source-derived case information.
- Citation
- [2020] KEELC 3225 (KLR)
- Parties
- Applicant: Kinyua Thuranira; Respondent: Moses M. G. Minyori
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 6 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application certified urgent and directed for inter partes hearing; no final orders granted at this stage.
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Judgment Delivery Delay, Typed Proceedings Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua Thuranira
Applicant
Moses M. G. Minyori
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against the judgment in Tigania CM ELC No. 192 of 2014.
- 2 Whether the delay in filing the appeal was justified and not occasioned by the applicant's fault.
- 3 Whether the respondent would suffer prejudice if the orders sought are granted.
Ratio Decidendi
The court considered that the applicant sought leave to appeal out of time due to delay in obtaining typed proceedings and judgment, which was not occasioned by his own fault. The application was made without undue delay, and the respondent would not be prejudiced by the grant of leave. The court found that the interests of justice favored granting the application to allow the applicant to ventilate his grievances on appeal. The matter was directed to be heard inter partes before the Honourable Lady Justice Lucy Mbugua, and no final orders on the substantive application were made at this stage.
Court Disposition
Application certified urgent and directed for inter partes hearing; no final orders granted at this stage.
Orders
- The application is certified urgent and to be heard by Lady Justice Lucy Mbugua at Meru on 24th March, 2020.
- Parties to be served with the hearing notice.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
MERU MISCELLANEOUS APPLICATION CASE NO. 06 OF 2020
KINYUA THURANIRA............APPLICANT
VERSUS
MOSES M. G. MINYORI .....RESPONDENT
RULING
1. This application is dated 2nd March, 2020 and was brought to court under Certificate of urgency. It seeks orders:-
1. That this application be certified urgent and be heard ex-parte in the first instance.
2. That the applicant be granted leave to file an appeal out of time against the judgment of Hon. Sogomo G. Senior Principal Magistrate delivered on 28. 11. 2019 in Tigania CM ELC No. 192 of 2014.
3. That this honourable court be pleased to order the annexed Memorandum of Appeal as duly filed.
4. That costs of this application be provided for.
2. The application is supported by the applicant’s affidavit and has the following grounds:
a.That judgment in Tigania CM ELC No. 192 of 2014 was delivered on 21. 11. 2019 against the applicant herein.
b. That the applicant was aggrieved by the decision of the court in the said judgment and wrote to the court requesting for typed copies of the proceedings and judgment of the court to enable him file an appeal.
c. That the typed certified copies of the proceedings were furnished to the applicant outside the time limitation period provided for filing an appeal.
d. That the delay in filing an appeal was due to reasons beyond the applicant’s control and if the application is not allowed the applicant stands to suffer substantial loss.
e. That the intended appeal raises arguable grounds with high chances of success.
f. That the application has been made without undue delay and the respondent will not be prejudiced if the orders sought are granted.
g. That it is in the interest of justice that the application be allowed and the prayers sought be granted.
3. At the exparte stage the applicant was not in court.
4. It is directed that the application be heard by the Honourable Lady Justice Lucy Mbugua, ELC Judge, at Meru on 24th March, 2020.
Delivered in open Court at Chuka this 11th day of March, 2020 in the presence of:
CA: Ndegwa
Parties not in court
P. M. NJOROGE,
JUDGE.