[2018] KEELC 2706 (KLR)
The court found that the applicant applied for copies of the judgment promptly, five days after delivery, and that the delay in filing the appeal was attributable to the late supply of proceedings, as confirmed by the certificate of delay. The applicant demonstrated vigilance and did not act inordinately. Therefore,...
Source-derived case information.
- Citation
- [2018] KEELC 2706 (KLR)
- Parties
- Applicant: Patrick Gitonga M'Ikiara; Respondent: Ruthson Mangati M'Ikiara; Respondent: Hudson Muriira M'Ikiara; Respondent: Solomon Mbaabu M'Ikiara; Respondent: Moses Koome; Respondent: Japhet Murira M'Ikiara; Respondent: Moses Ndubi alias Jomo M'Ikiara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Delay in Proceedings, Judgment Delivery, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Gitonga M'Ikiara
Applicant
Ruthson Mangati M'Ikiara
Respondent
Hudson Muriira M'Ikiara
Respondent
Solomon Mbaabu M'Ikiara
Respondent
Moses Koome
Respondent
Japhet Murira M'Ikiara
Respondent
Moses Ndubi alias Jomo M'Ikiara
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause for delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the applicant applied for copies of the judgment promptly, five days after delivery, and that the delay in filing the appeal was attributable to the late supply of proceedings, as confirmed by the certificate of delay. The applicant demonstrated vigilance and did not act inordinately. Therefore, sufficient cause was established to warrant the grant of leave to appeal out of time.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file and serve the appeal out of time and not later than 7 days from the date of this ruling, failing which the application will stand as dismissed.
- Costs in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC MISC NO 8 OF 2018
PATRICK GITONGA M’IKIARA..................................................APPLICANT
VERSUS
RUTHSON MANGATI M’IKIARA....................................1ST RESPONDENT
HUDSON MURIIRA M’IKIARA.......................................2ND RESPONDENT
SOLOMON MBAABU M’IKIARA....................................3RD RESPONDENT
MOSES KOOME..................................................................4TH RESPONDENT
JAPHET MURIRA M’IKIARA..........................................5TH RESPONDENT
MOSES NDUBI alias JOMO M’IKIARA..........................6TH RESPONDENT
RULING
1. Vide the application of 9. 3.2018, applicant is seeking leave to appeal out of time against the judgment and decree in Meru CMCC No. 693 of 2002 delivered on 18. 10. 2017. Applicant avers that proceedings were not availed on time.
2. The respondent has filed grounds of opposition stating that there was inordinate delay and that application is not merited.
3. The application was argued orally on 26. 4.2018. I have weighed all the arguments herein. I find that applicant applied for copies of the Judgment on 23. 10. 2017 which is five days after the judgment was delivered on 18. 10. 2017. The certificate of delay also confirms that indeed the application of proceedings had been made and that such proceedings were not supplied until 2. 3.2018. The memorandum of appeal is dated 9. 3.2018.
4. I find that applicant has demonstrated that he was vigilant and made his application to get proceedings promptly.
5. In the circumstances I allow the application in the following terms;
(a) The applicant is hereby granted leave to file and serve the appeal out of time and not later than 7 days from today failure to which the application will stand as dismissed.
(b) Costs in the cause.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
HON. LUCY. N. MBUGUA
ELC JUDGE