[2023] KEELC 15974 (KLR)

[2023] KEELC 15974 (KLR)

The court granted the orders sought in the Notice of Motion dated 23rd February 2023 by consent of both parties. The applicant was allowed to file and serve the memorandum of appeal within seven days and the record of appeal within forty-five days. The court further ordered that the status quo in respect of land...

Source-derived case information.

Citation
[2023] KEELC 15974 (KLR)
Parties
Applicant: Hamida Omar; Respondent: George Nyangor Obondo
Court
Environment and Land Court
Court Station
Environment and Land Court at Homa Bay
Jurisdiction
Kenya
Case Number
Environment and Land Miscellaneous Application E001 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time and Admission of Appeal Out of Time
Outcome
Application allowed by consent; extension of time and maintenance of status quo granted.
Judges
GMA Ongondo
Legal Topics
Extension of Time, Admission of Appeal Out of Time, Status Quo Orders, Land Reference Dispute
Source Language
en
Land and Property Civil Procedure Extension of Time Admission of Appeal Out of Time Status Quo Orders Land Reference Dispute

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Summary, issues, holding and outcome

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Parties

Hamida Omar

Applicant

George Nyangor Obondo

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time and Admission of Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted extension of time to file and serve the memorandum and record of appeal out of time.
  2. 2 Whether the status quo in respect of the suit land should be maintained pending the hearing and determination of the appeal.

Ratio Decidendi

The court granted the orders sought in the Notice of Motion dated 23rd February 2023 by consent of both parties. The applicant was allowed to file and serve the memorandum of appeal within seven days and the record of appeal within forty-five days. The court further ordered that the status quo in respect of land reference number Kanyamwa/Kabonyo/Kwandiku/2628 be maintained pending the hearing and determination of the appeal. The stay order previously granted would lapse in default of compliance unless reasonable cause was shown. The determination was based on the consent of counsel for both parties, reflecting agreement on the procedural steps necessary to progress the appeal and preserve...

Court Disposition

Application allowed by consent; extension of time and maintenance of status quo granted.

Orders

  • The applicant/appellant to file and serve intended memorandum of appeal within seven (7) days from the date of the ruling.
  • The appellant/applicant to file and serve record of appeal in the next forty-five (45) days from the date of the ruling unless given reasonable cause in default, the stay order granted on 23rd February 2023 to lapse.