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ELCOtherNot stated in the judgment· [2022] KEELC 1883 (KLR)
Hassan Dabaso Duba v Catholic Diocese of Marsabit (Environment & Land Case E001 of 2020) [2022] KEELC 1883 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#An Isiolo land court declined to fast-track a request to appeal late, ordering that the other side be served and heard first on 21 February 2022.
What this practically means
#Executive summary
#This is a brief chambers ruling by the Environment and Land Court at Isiolo delivered on 31st January 2022 by Hon. Justice P. M. Njoroge. The applicant, through his advocate George Korongo, moved the court by an application dated 24th January 2022 seeking certification as urgent, leave to appeal out of time against the judgment of Hon. Mbayaki Wafula, Senior Resident Magistrate, Marsabit, delivered on 14th July 2021, an order that the annexed memorandum of appeal be deemed duly filed upon payment of requisite fees, and costs. The application was supported by the affidavit of the applicant's advocate and grounds on its face. The court did not determine the substantive prayers for extension of time. Instead, having perused the application, it issued procedural directions: that the application be properly served upon the defendant within 10 days, that the date for the inter partes hearing fixed by the court be served on the defendant within 10 days, and that the application be heard inter partes on 21st February 2022. The ex parte certification sought was effectively not granted, as the matter was directed to proceed by way of inter partes hearing. No costs order was made and no authorities or statutes were cited. The ruling is of limited precedential value, being purely procedural, and the substantive application remains pending determination.
Key legal issues
#Legal principles established
#Court orders
#- 1.The application should be properly served upon the defendant within 10 days of today.
- 2.The date for interpartes hearing fixed by the court should be served upon the defendant within 10 days of today.
- 3.The application will be heard interpartes on the 21st day of February, 2022.
- On appeal from
- Senior Resident Magistrate's Court, Marsabit
- Jurisdiction invoked
- Not expressly stated; leave to appeal out of time sought against the judgment of the Senior Resident Magistrate, Marsabit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hassan Dabaso Duba v Catholic Diocese of Marsabit (Environment & Land Case E001 of 2020) [2022] KEELC 1883 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1883/eng@2022-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.