[2025] KEELC 5037 (KLR)
The appeal was filed more than one year and five months after the judgment of the lower court, far outside the 30-day statutory period prescribed by Section 79(G) of the Civil Procedure Act. The appellant did not seek or obtain leave of court to file the appeal out of time. The court held that, in the absence of...
Source-derived case information.
- Citation
- [2025] KEELC 5037 (KLR)
- Parties
- Appellant: George Saitoti Rantaine (Suing on behalf of the Estate of Paul Murampi Rantaine - Deceased); Respondent: Philemon Kinyamal Ole Paro; Respondent: Executive Committee Olomismis Group Ranch
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Land Case Appeal E037 of 2024
- Procedural Posture
- Land Case Appeal / Judgment
- Outcome
- appeal struck out
- Judges
- MN Mwanyale
- Legal Topics
- Appeal Out of Time, Leave to Appeal, Limitation Periods, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Saitoti Rantaine (Suing on behalf of the Estate of Paul Murampi Rantaine - Deceased)
Appellant
Philemon Kinyamal Ole Paro
Respondent
Executive Committee Olomismis Group Ranch
Respondent
Procedural Posture
Land Case Appeal / Judgment
Legal Issues
- 1 Whether the appeal was filed within the statutory period prescribed by law.
- 2 Whether leave of court was required and obtained for filing the appeal out of time.
- 3 Whether the appeal should be admitted or struck out for being filed out of time.
Ratio Decidendi
The appeal was filed more than one year and five months after the judgment of the lower court, far outside the 30-day statutory period prescribed by Section 79(G) of the Civil Procedure Act. The appellant did not seek or obtain leave of court to file the appeal out of time. The court held that, in the absence of such leave, the appeal was incompetent and should not have been admitted for hearing. Consequently, the appeal was struck out with costs to the respondents.
Court Disposition
appeal struck out
Orders
- The appeal is struck out for being filed out of time without leave of court.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
21 paragraphs
Ranttaine (Suing on behalf of the Estate of Paul Murampi Rantaine - Deceased) v Paro & another (Land Case Appeal E037 of 2024) [2025] KEELC 5037 (KLR) (3 July 2025) (Judgment)
Neutral citation: [2025] KEELC 5037 (KLR)
Republic of Kenya
In the Environment and Land Court at Kilgoris
Land Case Appeal E037 of 2024
MN Mwanyale, J
July 3, 2025
Between
George Saitoti Rantaine (Suing on behalf of the Estate of Paul Murampi Rantaine - Deceased)
Appellant
and
Philemon Kinyamal Ole Paro
1st Respondent
Executive Committee Olomismis Group Ranch
2nd Respondent
Judgment
1. This Appeal should have summarily been dealt with at the point of issuance of directions under Section 79 of the Civil Procedure Act. As it is a clear case which should not have been admitted for hearing, as it shall become obvious hereinafter.
2. Aggrieved with the whole of the Judgment of Hon. M.I.G Moranga (C.M) delivered on 31st July 2023 in Kilgoris SPM E&L No. 51 of 2019, the Appellant through his then Counsel on record filed Kilgoris ELC Appeal No. E001 of 2023, he then opted to act in person and withdrew the said Appeal and vide a Memorandum of Appeal dated 6th December 2024, he filed this present appeal in person.
3. Upon the perusal of the Memorandum of Appeal dated 06. 12. 2024 and the Record of Appeal filed on 10th of December 2024, the court notes that the Appeal was filed more than one year and 5 months out of time without the Appellant first seeking and obtaining leave, of the court, Section 79(G) of the Civil Procedure Act provides for filing of an Appeal within 30 days, this appeal having been filed out of time, is a clear case that the Appeal ought not to have been admitted for hearing in the first place.
4. The Appellant has wholly himself to blame in this unfortunate turn of events, as the upshot is that the Appeal herein having been filed out of time is struck out with costs to the Respondents.
DATED AT KILGORIS THIS 3RD DAY OF JULY, 2025. HON. M.N MWANYALEJUDGEIn the presence ofCA – Emmanuel/Sylvia/SandraGeorge Saitoti Appellant in personMs. Mireri for the Respondent