[2009] KEHC 1633 (KLR)
The court found that the application for leave to file and serve notice of appeal out of time was meritorious and unopposed. The absence of opposition and the reliance on the supporting affidavit by the applicant satisfied the court that sufficient cause had been shown. Accordingly, the court exercised its...
Source-derived case information.
- Citation
- [2009] KEHC 1633 (KLR)
- Parties
- Applicant: Pala Tsuma; Respondent: Juma Mwinyi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 48 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Notice of Appeal Out of Time
- Outcome
- application allowed
- Judges
- JV Juma
- Legal Topics
- Extension of Time, Appeals Process, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pala Tsuma
Applicant
Juma Mwinyi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Notice of Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file and serve notice of appeal out of time against the decision of the Provincial Land Appeal Committee.
Ratio Decidendi
The court found that the application for leave to file and serve notice of appeal out of time was meritorious and unopposed. The absence of opposition and the reliance on the supporting affidavit by the applicant satisfied the court that sufficient cause had been shown. Accordingly, the court exercised its discretion to allow the application in terms of the prayers sought, with costs to be borne by the applicant.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file and serve notice of appeal against the judgement and orders of the Provincial Land Appeal Committee in Appeal Case No. 253/2003 out of time.
- Costs to be met by the applicant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Civil Miscellaneous Application 48 of 2009
PALA TSUMA ................................APPLICANT
VERSUS
JUMA MWINYI ..........................RESPONDENT
*******************
RULING
By this Notice of Motion dated 28th January 2009 the Applicant seeks leave to file and serve notice of appeal against the judgement and orders of the Provincial Land Appeal Committee in Appeal Case No. 253/2003 out of time. Mr. Lumatete for the Applicant opted to rely on his affidavit in support and did not submit. The court notes that no grounds of opposition have been filed by Mr. Gunga for the Respondent. As such the present application is unopposed. I am convinced of the merit of this Notice of Motion and I hereby allow the same in terms of prayers (1) and (2) thereof. Costs to be met by the Applicant.
Dated and delivered at Mombasa this 6th day of August 2009.
M. ODERO
JUDGE
Read in open court in the presence of:
Mr. Sibinu holding brief for Respondent
Ms. Ngugi holding brief for Applicant
M. ODERO
JUDGE
6. 8.2009