Ciomatau M’imula v Christine Muthoni Kiramunya [2019] KEELC 846 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC MISC NO. 37 OF 2019

CIOMATAU M’IMULA ......................................APPELLANT

VERSUS

CHRISTINE MUTHONI KIRAMUNYA...................... RESPONDENT

RULING

1. The application dated 30. 7.2019 was seeking for the following orders:

(a)   That the application be certified urgent and be heard on priority basis.

(b)  That this court be pleased to allow the applicant to appeal out of time against the ruling of the senior resident magistrate’s court at Maua dated 30th May, 2019 in Maua ELC case no. 102 of 2019.

(c) That the costs of this application be provided for.

2. The grounds in support of this application are that:

(i)  That the application for certified copy of the ruling/order was made immediately after the ruling was delivered.

(ii)  That the said ruling was not availed until time to appeal had expired making this application necessary.

3. I have perused the application dated 30. 7.2019 which was duly served.  I find that the same is merited.  I allow the same on the following terms:

i)  The memorandum of appeal is to be filed and served within 30 days from today.

ii)  The time is extended accordingly

iii) The order for extension of time shall lapse if there is non-compliance with clause 1 herein.

iv) Costs in the cause.

v)   File is marked as closed.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 13TH DAY OF NOVEMBER, 2019 IN THE PRESENCE OF:-

C/A:  Kananu

Rimita for plaintiff

Applicant

HON. LUCY. N. MBUGUA

ELC JUDGE