Chief Officer, Lands, Housing & Physical Planning County Government of Mombasa & 1 other v Abdullah Ahmed Gele T/A Buxton Filling Station & 4 others
The bottom line
#Kenya's Court of Appeal allowed Mombasa County's late appeal filing because both sides agreed in writing, showing consent can resolve extension-of-time disputes quickly.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to lodge and serve a record of appeal by consent of the parties
The Court allowed the extension of time application and deemed the record of appeal as properly filed, acting on the parties' consent letter dated 20th November 2023 confirmed by the respondent's counsel in court.
The applicants sought extension of time under sections 3A and 3B of the Appellate Jurisdiction Act and rule 4 of the Court of Appeal Rules, relying on delay attributed to the lower court registry in supplying certified proceedings. At the hearing, counsel drew the Court's attention to a consent letter dated 20th November 2023 by which the parties agreed to compromise the application, and the respondent's counsel confirmed that position. On that confirmation, the Court allowed the application, deemed the record filed and served, and made no orders as to costs.
Legal principles established
#- Where parties execute a consent to compromise an application for extension of time and the respondent's counsel confirms that position before the Court, the Court may allow the application on the strength of that consent without full argument of the extension-of-time factors.
Court orders
#- 1.The application dated 13th September 2023 be and is hereby allowed
- 2.The Record of Appeal dated 13th September 2023 and filed on 15th September 2023 is deemed as properly filed and served on all the parties
- 3.No orders as to costs
- On appeal from
- Environment and Land Court at Mombasa
- Mombasa E.L.C No. 44 of 2021
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act, rule 4 of the Court of Appeal Rules, 2010 and Article 159(2)(d) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chief Officer, Lands, Housing & Physical Planning County Government of Mombasa & 1 other v Abdullah Ahmed Gele T/A Buxton Filling Station & 4 others", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/436/eng@2024-04-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.