[2019] KEHC 10105 (KLR)

[2019] KEHC 10105 (KLR)

The court found that the delay of three months in filing the application for leave to appeal was not inordinate and was excusable, given the explanation that the interested party's advocate failed to inform him of the judgment in good time. The court emphasized that denying a litigant the opportunity to appeal would be unfair, especially since no stay of judgment was sought. Therefore, the application for leave to appeal out of time was allowed, subject to the condition that the notice of appeal be filed and served within seven days from the date of the ruling. Costs of the application were awarded to the exparte applicant.

Citation
[2019] KEHC 10105 (KLR)
Parties
Applicant: Republic; Respondent: Land Adjudication Office, Ankamia Adjudication Section & Another; Exparte Applicant: Solomon Mathiu Nabea; Interested Party: Patrick Gituma M’Mugwika
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
20 February 2019
Case Number
Judicial Review Application 2 of 2013
Procedural Posture
Judicial Review Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed with conditions.
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review Procedure
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Judicial Review Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Land Adjudication Office, Ankamia Adjudication Section & Another

Respondent

Solomon Mathiu Nabea

Exparte Applicant

Patrick Gituma M’Mugwika

Interested Party

Procedural Posture

Judicial Review Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the interested party should be granted leave to file an appeal out of time.
  2. 2 Whether the delay in filing the appeal was excusable.

Ratio Decidendi

The court found that the delay of three months in filing the application for leave to appeal was not inordinate and was excusable, given the explanation that the interested party's advocate failed to inform him of the judgment in good time. The court emphasized that denying a litigant the opportunity to appeal would be unfair, especially since no stay of judgment was sought. Therefore, the application for leave to appeal out of time was allowed, subject to the condition that the notice of appeal be filed and served within seven days from the date of the ruling. Costs of the application were awarded to the exparte applicant.

Court Disposition

Application allowed with conditions.

Orders

  • Leave to file appeal out of time is granted on condition that the notice of appeal is filed and served within 7 days from the date of this ruling.
  • Applicant (interested party) to pay costs of this application.