Mureithi & another v Mimano
The bottom line
#Kenya's Environment and Land Court allowed a one-day-late appeal because waiting for certified proceedings was a valid reason for the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether waiting for certified proceedings and judgment constitutes a reasonable explanation for delay in filing an appeal under section 79G
Yes - an applicant may reasonably await the typed proceedings and judgment before filing a memorandum of appeal, since the memorandum is premised on the evidence and judgment.
The court accepted that although an appeal is instituted by a memorandum of appeal under Order 42 rule 1, the memorandum must be premised on the evidence adduced and the judgment. The applicants could not be faulted for waiting for the proceedings to make an informed choice on the grounds of appeal. The delay was only one day and was explained by the proceedings being certified ready on October 18, 2021.
Legal principles established
#- Extension of time is an equitable discretionary remedy available only to a deserving party who must lay a basis and explain any delay.
Court orders
#- 1.Extension of time granted; applicants granted 14 days within which to file and serve the memorandum of appeal
- 2.Costs of the application to abide the outcome of the appeal
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mureithi & another v Mimano", Case Analysis (2022). Environment and Land Miscellaneous Application 16 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/12751/eng@2022-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.