Maina (Suing for and on behalf of his Mother Loise Nyaguthii Maina) v Kobia & 2 others (Miscellaneous Application 51 of 2021) [2022] KEELC 2474 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed a four-month late appeal because the applicant never received an email notice of the ruling, granting 14 days to file.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of approximately four months in filing the appeal was inordinate
The delay was not inordinate and the explanation was reasonable, given the applicant's entitlement to his day in court.
The ruling was delivered on August 19, 2021 and the application filed December 23, 2021. The applicant claimed he learned of the outcome only on November 20, 2021, and that the email said to convey the ruling was never sent. Although the supporting affidavit did not attach the proceedings, the court accepted the explanation as reasonable and found no inordinate delay.
Whether the respondent would suffer prejudice if leave were granted
No prejudice would be suffered; any prejudice could be compensated by costs.
The court held that granting the applicant an opportunity to appeal would not occasion the respondent prejudice, since the respondent could be compensated by an award of costs. This completed the Salat criteria and justified allowing the extension.
Legal principles established
#- An applicant for leave to file an appeal out of time must satisfy the court on the reasons for the delay, timeliness of the application and prejudice to the respondent.
Court orders
#- 1.Leave granted to the applicant to file an appeal out of time against the ruling delivered on August 19, 2021 in Tigania Law Courts ELC 97 of 2018
- 2.The appeal to be filed within 14 days from the date of the order
- 3.Costs of the application awarded to the applicant
- 4.File closed
- On appeal from
- Tigania Law Courts
- ELC 97 of 2018
- Jurisdiction invoked
- Inherent power to extend time for filing an appeal (extension-of-time application under the applicable appeal provisions, not expressly cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maina (Suing for and on behalf of his Mother Loise Nyaguthii Maina) v Kobia & 2 others (Miscellaneous Application 51 of 2021) [2022] KEELC 2474 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2474/eng@2022-07-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.