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Court of AppealOtherCivil Application No. 25 of 2019 (UR 17/2019)

Peter Tomito Korinko & 2 others v Korinko N. Nkoliai & 12 others [2019] KECA 728 (KLR)

Court of Appeal
21 May 2019
OOOtieno Odek
199 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Three landowners abandoned their Court of Appeal bid to extend time for filing an appeal, leaving the High Court land judgment intact — and paying costs.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Court of Appeal at Kisumu, delivered in chambers by Otieno Odek, JA, on 21st May 2019. The applicants - Peter Tomito Korinko, Joseph S. Ketere and Michael O. Kirusua - had moved the court by Notice of Motion dated 26th March 2019 seeking extension of time to file and serve the Notice of Appeal and Record of Appeal out of time, in an intended appeal against the judgment and decree of the High Court of Kenya at Kisii (Mutungi, J) dated 5th October 2018 in Kisii HC Environment and Land Case No. 249 of 2013, a land dispute involving the Olomismis Group, the District Land Registrar, Transmara and the National Land Commission. The intended appeal was directed against thirteen respondents. The application was never heard or determined on its merits: on the applicants' own motion the Notice of Motion was marked as withdrawn, with costs. No reasons for the withdrawal are recorded, no extension of time was granted, and no propositions of law were decided. The ruling accordingly creates no binding precedent; it is significant only as the terminal point of that particular extension-of-time application, leaving the underlying High Court judgment undisturbed at that stage. Because the document is a bare order, the analysis records no holdings, no authorities cited, and flags the absence of reasoning and of a named costs beneficiary.

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.The Notice of Motion dated 26th March, 2019 was marked as withdrawn with costs

    The bench

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    One judgment of the whole court — no separate or dissenting opinions.

    OO
    majority

    Wrote the judgment

    On appeal from
    High Court of Kenya at Kisii
    Kisii HC Environment and Land Case No. 249 of 2013
    Jurisdiction invoked
    Inherent jurisdiction of the Court of Appeal over applications for extension of time under the Court of Appeal Rules (application for extension of time to file and serve the Notice of Appeal and Record of Appeal out of time)

    Relief refused

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    Extension of time to file and serve the Notice of Appeal and Record of Appeal out of time

    The application was withdrawn by the applicants themselves, so the relief was never determined

    p. 2

    Costs

    Withdrawal with costs (costs of the application awarded against the applicants; the party in whose favour costs were awarded is not specified in the ruling)

    Quotable passages

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    Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

    Upon the application of the applicant, the Notice of Motion dated 26th March, 2019 be and is hereby marked as withdrawn with costs.
    p. 2Final order - withdrawal of application with costs

    Issues in the judgment

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    minor

    The ruling is a bare minutes-style order with no reasoning, no identification of the applicant who moved for withdrawal, and no specification of the party to whom costs are awarded

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Peter Tomito Korinko & 2 others v Korinko N. Nkoliai & 12 others [2019] KECA 728 (KLR)", Case Analysis (2019). Civil Application No. 25 of 2019 (UR 17/2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/728/eng@2019-05-21

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.