[2022] KECA 1194 (KLR)
The court considered that the applicants had previously filed a similar application for extension of time, which was dismissed for non-attendance. Upon receipt of the applicants' letter seeking to withdraw the current application, and having considered the respondents' grounds of opposition, the court exercised its...
Source-derived case information.
- Citation
- [2022] KECA 1194 (KLR)
- Parties
- Applicant: David Kimengere Waititu & Davis Gitonga (Suing as the Personal Representatives of the Estate of the Late Benjamin Ithinyaui M’ Narangui - Deceased); Applicant: John Ngotho Ndurere & James Muthami Ndurere (Suing as the Personal Representatives of the Estate of the Late Ndurere Muhonyo Gathi - Deceased); Respondent: Angela Wairimu Gethi; Respondent: Murua Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Application E036 of 2022
- Procedural Posture
- Civil Application / Application for Leave to Appeal Out of Time
- Outcome
- application withdrawn
- Judges
- F Sichale
- Legal Topics
- Extension of Time, Leave to Appeal, Withdrawal of Application, Environment and Land Court Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kimengere Waititu & Davis Gitonga (Suing as the Personal Representatives of the Estate of the Late Benjamin Ithinyaui M’ Narangui - Deceased)
Applicant
John Ngotho Ndurere & James Muthami Ndurere (Suing as the Personal Representatives of the Estate of the Late Ndurere Muhonyo Gathi - Deceased)
Applicant
Angela Wairimu Gethi
Respondent
Murua Limited
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicants should be granted leave to file an appeal out of time against the judgment of the Environment & Land Court.
- 2 Whether the application for extension of time should be withdrawn as requested by the applicants.
Ratio Decidendi
The court considered that the applicants had previously filed a similar application for extension of time, which was dismissed for non-attendance. Upon receipt of the applicants' letter seeking to withdraw the current application, and having considered the respondents' grounds of opposition, the court exercised its discretion to allow the withdrawal of the application. No order as to costs was made, effectively bringing the matter to a close without further proceedings on the merits of the extension of time.
Court Disposition
application withdrawn
Orders
- The applicants' application dated June 23, 2022 is marked as withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Waititu & Gitonga (Suing as the Personal Representatives of the Estate of the Late Benjamin Ithinyaui M’ Narangui - Deceased) & John Ngotho Ndurere & James Muthami Ndurere (Suing as the Personal Representatives of the Estate of the Late Ndurere Muhonyo Gathi - Deceased) & another v Gethi & another (Civil Application E036 of 2022) [2022] KECA 1194 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KECA 1194 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Civil Application E036 of 2022
F Sichale, JA
October 12, 2022
Between
David Kimengere Waititu & Davis Gitonga (Suing as the Personal Representatives of the Estate of the Late Benjamin Ithinyaui M’ Narangui - Deceased) & John Ngotho Ndurere & James Muthami Ndurere (Suing as the Personal Representatives of the Estate of the Late Ndurere Muhonyo Gathi - Deceased)
1st Applicant
John Ngotho Ndurere & James Muthami Ndurere (Suing as the Personal Representatives of the Estate of the Late Ndurere Muhonyo Gathi (Deceased)
2nd Applicant
and
Angela Wairimu Gethi
1st Respondent
Murua Limited
2nd Respondent
(Being an Application for Leave to lodge an Appeal out of time against the Judgment of the Environment & Land Court at Nyahururu (Oundo J), dated 12th November 2019 and amended on 5th May 2020. ) IN (Nyahururu ELC Case No. 50 of 2020. Environment & Land Case 50 of 2018 )
Ruling
1. Upon considering the motion dated June 23, 2022, brought pursuant to rules 4 and 53 of theCourt of Appeal Rules, (“The rules”), in which the applicants herein had sought to be granted leave to file an appeal out of time from the decision of Oundo J, delivered on November 12, 2019 and amended on May 5, 2020, it transpired that this court had dismissed a similar application seeking extension of time on June 15, 2022 for non-attendance.
2. Upon considering the respondents grounds of opposition dated September 12, 2022 and the applicants letter dated September 15, 2022, seeking to withdraw the instant application, the applicants application dated June 23, 2022, is hereby marked as withdrawn with no order as to costs.It is so ordered.
DATED AND DELIVERED AT NAKURU THIS 12TH DAY OF OCTOBER, 2022. F. SICHALE...................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR