[2019] KEELC 3448 (KLR)
The court found that the applicant had demonstrated sufficient and good cause for failing to file the appeal within the prescribed time, specifically due to the delay in obtaining the typed record of the lower court. As the application was unopposed and the reasons advanced were credible, the court exercised its...
Source-derived case information.
- Citation
- [2019] KEELC 3448 (KLR)
- Parties
- Applicant: Leonard Kamenchu Kairiama; Respondent: Elijah Maitai Ichicha; Respondent: The District Land Adjudication and Settlement Officer Tigania Districts; Respondent: The Honourable Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 13 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed as drawn; leave granted to file appeal out of time.
- Legal Topics
- Extension of Time, Leave to Appeal Out of Time, Land Adjudication, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Kamenchu Kairiama
Applicant
Elijah Maitai Ichicha
Respondent
The District Land Adjudication and Settlement Officer Tigania Districts
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause to warrant extension of time to file an appeal out of time.
- 2 Whether the delay in filing the appeal was justified.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient and good cause for failing to file the appeal within the prescribed time, specifically due to the delay in obtaining the typed record of the lower court. As the application was unopposed and the reasons advanced were credible, the court exercised its discretion to allow the application for extension of time. The leave to file the memorandum of appeal out of time was granted, subject to the condition that the memorandum be filed and served within 14 days, failing which the leave would lapse.
Court Disposition
Application allowed as drawn; leave granted to file appeal out of time.
Orders
- Leave is granted to the applicant to file and serve the memorandum of appeal within 14 days from the date of this ruling.
- If the memorandum of appeal is not filed and served within 14 days, the leave granted shall lapse.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC MISC. NO. 13 OF 2019
LEONARD KAMENCHU KAIRIAMA.....................................APPLICANT
VERSUS
ELIJAH MAITAI ICHICHA............................................1ST RESPONDENT
THE DISTRICT LAND ADJUDICATION AND SETTLEMENT
OFFICER TIGANIA DISTRICTS...................................2ND RESPONDENT
THE HONOURABLE ATTORNEY GENERAL............3RD RESPONDENT
RULING
1. In the application dated 12. 3.2019, applicant is seeking leave to file his appeal out of time on grounds that he has sufficient and good cause for not filing the appeal in time. In his supporting affidavit filed on 13. 3.2019, applicant avers inter alia that his suit ELC NO. 59 of 2018 at Tigania court was struck out for no good reasons. Thus, applicant felt aggrieved by the ruling of the court and desired to appeal. However, he was not able to compile his record of appeal as the record of the lower court was not typed on time.
2. I find that the application is unopposed. The same is allowed as drawn but the memorandum of appeal is to be filed and served within 14 days from today failure to which the leave granted herein lapses.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 8TH DAY OF MAY, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Miss Mwai holding brief for Mr. Kariuki for 1st respondent
Muchiri for applicant
Miss Kungu for Attorney General
1st respondent
HON. LUCY. N. MBUGUA
ELC JUDGE