[2015] KEHC 5821 (KLR)

[2015] KEHC 5821 (KLR)

The court found that, although it has discretion to allow filing of appeals out of time in deserving cases under the new constitutional dispensation and the Environment and Land Court Act, the intended appeal by the applicant did not raise a point of law as required by Section 8(a) of the Land Disputes Tribunals...

Source-derived case information.

Citation
[2015] KEHC 5821 (KLR)
Parties
Applicant: Peter Murunga Oola; Respondent: Benard Okoth Oola
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
19 March 2015
Case Number
Miscellaneous Application 61 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
Outcome
application dismissed with costs
Legal Topics
Leave to Appeal Out of Time, Jurisdiction of High Court, Appeals on Point of Law, Land Disputes Tribunal, Procedural Timelines
Source Language
english
Civil Procedure Land and Property Leave to Appeal Out of Time Jurisdiction of High Court Appeals on Point of Law Land Disputes Tribunal Procedural Timelines

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Summary, issues, holding and outcome

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Parties

Peter Murunga Oola

Applicant

Benard Okoth Oola

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to file an appeal out of time from the decision of the Nyanza Provincial Land Appeals Committee.
  2. 2 Whether the intended appeal raises a point of law as required under Section 8(a) of the Land Disputes Tribunals Act.
  3. 3 Whether the applicant was denied a hearing before the Appeals Committee.

Ratio Decidendi

The court found that, although it has discretion to allow filing of appeals out of time in deserving cases under the new constitutional dispensation and the Environment and Land Court Act, the intended appeal by the applicant did not raise a point of law as required by Section 8(a) of the Land Disputes Tribunals Act. The applicant's memorandum of appeal sought a re-evaluation of evidence, which is not permissible at this appellate stage. Furthermore, the evidence showed that the applicant was present at the hearing before the Appeals Committee, contrary to his assertions. The court held that the requirement for appeals to be on points of law is substantive and cannot be circumvented by...

Court Disposition

application dismissed with costs

Orders

  • The application for leave to file appeal out of time is dismissed with costs to the respondent.
  • Right of appeal within 30 days.