[2023] KEELC 20727 (KLR)
The court found that the application for leave to appeal out of time was merited, particularly as the respondent did not oppose the application. The applicant demonstrated willingness and readiness to file the appeal within thirty days. The court exercised its discretion in favour of the applicant, allowing the...
Source-derived case information.
- Citation
- [2023] KEELC 20727 (KLR)
- Parties
- Applicant: Danis Okumu Owano; Respondent: Nathaniel Oyugi Jera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E005 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Danis Okumu Owano
Applicant
Nathaniel Oyugi Jera
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 appeal out of time.
Ratio Decidendi
The court found that the application for leave to appeal out of time was merited, particularly as the respondent did not oppose the application. The applicant demonstrated willingness and readiness to file the appeal within thirty days. The court exercised its discretion in favour of the applicant, allowing the application and granting leave to appeal out of time, with costs to abide the outcome of the prospective appeal. The court further ordered that the appeal must be lodged and served within thirty days, failing which the orders would lapse automatically.
Court Disposition
application allowed
Orders
- The application for leave to appeal out of time is allowed.
- The applicant to lodge and serve the appeal within thirty days from the date of the ruling, failing which these orders shall lapse automatically.
Full Case Text
Judgment text and source record
23 paragraphs
Owano v Jera (Environment and Land Miscellaneous Application E005 of 2023) [2023] KEELC 20727 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20727 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Miscellaneous Application E005 of 2023
GMA Ongondo, J
October 17, 2023
Between
Danis Okumu Owano
Applicant
and
Nathaniel Oyugi Jera
Respondent
Ruling
1. By a Notice of Motion application dated August 8, 2023, the applicant, Danis Okumu Owano in person sought, inter alia, he be granted leave to appeal out of time.
2. The respondent, Nathaniel Oyugi Jera has not responded to the application.
3. Ms. Odera learned counsel for the respondent has informed this court that the respondent does not oppose the application.
4. The applicant has stated that he can file an appeal within thirty days from this date.
5. In the circumstances, the application has merit.
6. Wherefore, the application is hereby allowed with costs to abide the outcome of the prospective appeal.
7. The applicant to lodge and serve appeal within thirty days from this date failure of which these orders shall lapse automatically without any further orders of this court being necessary.
8. It is so ordered.
DELIVERED AND DATED AT HOMABAY THIS 17TH DAY OF OCTOBER 2023G.M.A ONG’ONDOJUDGEPresentApplicant in personMs Aluoch Odera learned counsel for respondent.Court Assistant, Luanga Terence and Fiona