[2024] KEELC 5252 (KLR)
The court found that the application to file an appeal out of time was unopposed and that the memorandum of appeal had already been filed and served. The court considered the relevant statutory provisions and constitutional principles, particularly the need to avoid delay in the administration of justice....
Source-derived case information.
- Citation
- [2024] KEELC 5252 (KLR)
- Parties
- Applicant: Alphonse D Odoyo; Respondent: Amon Owino Odote
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E009 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application to File Appeal Out of Time
- Outcome
- Application allowed; leave to file appeal out of time granted; no order as to costs; file marked as closed.
- Judges
- GMA Ongondo
- Legal Topics
- Extension of Time, Appeals From Subordinate Courts, Filing Procedures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alphonse D Odoyo
Applicant
Amon Owino Odote
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application 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 application is opposed by the respondent.
- 3 Whether the appeal has already been filed and served.
Ratio Decidendi
The court found that the application to file an appeal out of time was unopposed and that the memorandum of appeal had already been filed and served. The court considered the relevant statutory provisions and constitutional principles, particularly the need to avoid delay in the administration of justice. Consequently, the court determined the application in favour of the applicant, allowing the appeal to be deemed properly filed out of time, with no order as to costs.
Court Disposition
Application allowed; leave to file appeal out of time granted; no order as to costs; file marked as closed.
Orders
- The application to file an appeal out of time is allowed.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Odoyo v Odote (Environment and Land Miscellaneous Application E009 of 2023) [2024] KEELC 5252 (KLR) (10 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5252 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Miscellaneous Application E009 of 2023
GMA Ongondo, J
July 10, 2024
Between
Alphonse D Odoyo
Applicant
and
Amon Owino Odote
Respondent
Ruling
1. The applicant, Alphonse D. Odote through Aluoch Odera & Nyauke Advocates lodged an application by way of an application dated 31st October 2023 to be allowed to file an appeal out of time and that the costs of the application be provided for.
2. The application is not opposed by the respondent.
3. Furthermore, Mr. S. Nyauke learned counsel for the applicant has informed the court that the appeal has been duly filed and memorandum of appeal filed and served upon the respondent’s counsel. That the application be marked as determined.
4. Mr. Jack Otieno instructed by Quinter Adoyo learned counsel for respondent has confirmed the filing and service of the memorandum of appeal.
5. This court is conscious of sections 75 and 79G of the Civil Procedure Act Chapter 21 Laws of Kenya as regards filing of appeals from subordinate courts.
6. In the circumstances, it is common ground that the appeal has been lodged in accordance with Article 159 (2) (b) of the Constitution of Kenya 2010 which provides;Justice shall not be delayed.
7. A fortiori, the present application is hereby determined in favour of the applicant regarding filing of appeal out of time with no order as to costs.
8. This file is marked as closed.
9. It is so ordered.
DATED AND DELIVERED AT HOMA BAY THIS 10TH DAY OF JULY 2024. G.M.A ONG’ONDOJUDGEPresent;1. Mr. S. Nyauke learned counsel for the applicant.2. Mr. Jack Otieno instructed by Quinter Adoyo learned counsel for the respondent.3. Mr. T. Luanga court assistant.