[2023] KEELC 18187 (KLR)
The court found that the omission of the trial court's decree from the record of appeal was a lapse that justified the grant of leave to file and serve a supplementary record of appeal. The application was unopposed, and the court considered the interests of justice and the need for a complete record in the...
Source-derived case information.
- Citation
- [2023] KEELC 18187 (KLR)
- Parties
- Appellant: Michael Okworo Wanga; Respondent: Joseph Omol Kowiti; Respondent: Margaret Achieng Otieno
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E039 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Leave to File Supplementary Record of Appeal
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Supplementary Record of Appeal, Leave to File Out of Time, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Okworo Wanga
Appellant
Joseph Omol Kowiti
Respondent
Margaret Achieng Otieno
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Leave to File Supplementary Record of Appeal
Legal Issues
- 1 Whether the appellant should be granted leave to file and serve a supplementary record of appeal to include the trial court's decree.
- 2 Whether the omission of the decree from the record of appeal warrants the grant of the application.
Ratio Decidendi
The court found that the omission of the trial court's decree from the record of appeal was a lapse that justified the grant of leave to file and serve a supplementary record of appeal. The application was unopposed, and the court considered the interests of justice and the need for a complete record in the appellate process. Consequently, the court allowed the application and directed the appellant to file and serve the supplementary record of appeal by June 20, 2023.
Court Disposition
application allowed
Orders
- The appellant's counsel is granted leave to file and serve a supplementary record of appeal by June 20, 2023.
Full Case Text
Judgment text and source record
25 paragraphs
Wanga v Kowiti & another (Environment and Land Appeal E039 of 2022) [2023] KEELC 18187 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18187 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E039 of 2022
GMA Ongondo, J
June 19, 2023
Between
Michael Okworo Wanga
Appellant
and
Joseph Omol Kowiti
1st Respondent
Margaret Achieng Otieno
2nd Respondent
(Being an Appeal from decree in the original Land Case No. E049 of 2020 of the Chief Magistrate’s Court at HomaBay issued on the 17th August 2022)
Ruling
1. The appellant's counsel, Mr. Nyakwamba applied for leave to file and serve a supplementary record of Appeal by June 20, 2023.
2. The application is based on the ground that there was a lapse to include the trial court's decree to the record of appeal dated May 24, 2023.
3. Ms. Apondi learned counsel for the respondent has no objection to the application.
4. Notably, no decree is not contained in the said record.
5. In the circumstances, the application is meritorious.
6. The upshot is that the application is allowed and the appellant's counsel to file and serve supplementary record of appeal by June 20, 2023.
7. Orders accordingly.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 19TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENTMs. E. Apodi learned counsel for respondents.Mr. Nyakwamba learned counsel for appellant.