[2024] KEELC 13360 (KLR)
The court found that the applicant was not notified of the ruling delivered on 12.3.2024 and that the delay in filing the notice of appeal was not inordinate. The court emphasized that it is not required at this stage to consider whether the intended appeal is arguable, but rather to ensure that the applicant is...
Source-derived case information.
- Citation
- [2024] KEELC 13360 (KLR)
- Parties
- Plaintiff: Shepherd Catering Limited; Defendant: Nairobi Holdings Limited; Defendant: Chief Land Registrar of Titles; Defendant: Steel Son Limited; Plaintiff: Steel Son Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 359 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application allowed
- Judges
- LN Mbugua
- Legal Topics
- Extension of Time, Leave to Appeal Out of Time, Notice of Appeal, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shepherd Catering Limited
Plaintiff
Nairobi Holdings Limited
Defendant
Chief Land Registrar of Titles
Defendant
Steel Son Limited
Defendant
Steel Son Limited
Plaintiff
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against the court's ruling delivered on 12.3.2024.
- 2 Whether the delay in filing the notice of appeal was inordinate.
Ratio Decidendi
The court found that the applicant was not notified of the ruling delivered on 12.3.2024 and that the delay in filing the notice of appeal was not inordinate. The court emphasized that it is not required at this stage to consider whether the intended appeal is arguable, but rather to ensure that the applicant is afforded an opportunity to pursue her appeal. Since no stay was sought and the matter already had a hearing date, the court exercised its discretion to allow the application for extension of time to appeal, with no orders as to costs.
Court Disposition
application allowed
Orders
- The application dated 3.10.2024 is allowed; the applicant is granted leave to lodge an appeal out of time against the ruling delivered on 12.3.2024.
- No orders as to costs.
Full Case Text
Judgment text and source record
33 paragraphs
Shepherd Catering Limited v Nairobi Holdings Limited & 2 others; Steel Son Limited (Plaintiff to the Counterclaim); Shepherd Catering Limited & 2 others (Defendant to the Counterclaim) (Environment & Land Case 359 of 2004) [2024] KEELC 13360 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEELC 13360 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 359 of 2004
LN Mbugua, J
November 14, 2024
Between
Shepherd Catering Limited
Plaintiff
and
Nairobi Holdings Limited
1st Defendant
Chief Land Registrar of Titles
2nd Defendant
Steel Son Limited
3rd Defendant
and
Steel Son Limited
Plaintiff to the Counterclaim
and
Shepherd Catering Limited
Defendant to the Counterclaim
Nairobi Holdings Limited
Defendant to the Counterclaim
Chief Land Registrar of Titles
Defendant to the Counterclaim
Ruling
1. Before me is the Plaintiff’s Notice of Motion Application dated 3. 10. 2024. Seeking leave to enlarge time for the applicants to lodge an appeal out of time against this courts ruling delivered on 24. 3.2024. The application is premised on the grounds on the face of the application and the supporting affidavit of the applicant, Salome Wangechi.
2. The applicant contends that the court delivered the ruling of 12. 3.2024 which she had no notice of. She avers that the delay in filing the notice of appeal was not inordinate, adding that she has an arguable appeal.
3. No responses were filed in respect of the current application.
4. I find that it is not the place of this court to consider whether the intended appeal is arguable or not. It suffices to give the applicant an opportunity to ventilate her grievances in regard to the ruling given on 12. 3.2024. After all, no stay has been sought and the matter already has a hearing date of 5. 3.2025. In the circumstances, the application dated 3. 10. 2024 is allowed with no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14thDAY OF NOVEMBER 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Mbaabu C.N Kihara for 3rd DefendantCourt Assistant: Vena