Shepherd Catering Limited v Nairobi Holdings Limited & 2 others; Steel Son Limited (Plainti to the Counterclaim); Shepherd Catering Limited & 2 others (Defendant to the Counterclaim) (Environment & Land Case 359 of 2004) [2024] KEELC 13360 (KLR) (14 November 2024) (Ruling) Neutral citation: [2024] KEELC 13360 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE 359 OF 2004 LN MBUGUA, J NOVEMBER 14, 2024 BETWEEN SHEPHERD CATERING LIMITED ........................................................ PLAINTIFF AND NAIROBI HOLDINGS LIMITED ................................................... 1ST DEFENDANT CHIEF LAND REGISTRAR OF TITLES ...................................... 2ND DEFENDANT STEEL SON LIMITED ..................................................................... 3RD DEFENDANT AND STEEL SON LIMITED ............................. PLAINTIFF TO THE COUNTERCLAIM AND SHEPHERD CATERING LIMITED .. DEFENDANT TO THE COUNTERCLAIM NAIROBI HOLDINGS LIMITED ...... DEFENDANT TO THE COUNTERCLAIM CHIEF LAND REGISTRAR OF TITLES .... DEFENDANT TO THE COUNTERCLAIM RULING 1. Before me is the Plainti’s Notice of Motion Application dated 3.10.2024. Seeking leave to enlarge time for the applicants to lodge an appeal out of time against this courts ruling delivered on 24.3.2024. The application is premised on the grounds on the face of the application and the supporting adavit of the applicant, Salome Wangechi. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13360/eng@2024-11-14 1
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2. The applicant contends that the court delivered the ruling of 12.3.2024 which she had no notice of. She avers that the delay in ling the notice of appeal was not inordinate, adding that she has an arguable appeal. 3. No responses were led in respect of the current application. 4. I nd that it is not the place of this court to consider whether the intended appeal is arguable or not. It suces to give the applicant an opportunity to ventilate her grievances in regard to the ruling given on 12.3.2024. After all, no stay has been sought and the matter already has a hearing date of 5.3.2025. In the circumstances, the application dated 3.10.2024 is allowed with no orders as to costs. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14th DAY OF NOVEMBER 2024 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Mbaabu C.N Kihara for 3rd Defendant Court Assistant: Vena https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13360/eng@2024-11-14 2
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