Shepherd Catering Limited v Nairobi Holdings Limited & 2 others; Steel Son Limited (Plaintiff to the Counterclaim); Shepherd Catering Limited & 2 others (Defendant to the Counterclaim) [2024] KEELC 13360 (KLR) | Extension Of Time | Esheria

Shepherd Catering Limited v Nairobi Holdings Limited & 2 others; Steel Son Limited (Plaintiff to the Counterclaim); Shepherd Catering Limited & 2 others (Defendant to the Counterclaim) [2024] KEELC 13360 (KLR)

Full Case Text

Shepherd Catering Limited v Nairobi Holdings Limited & 2 others; Steel Son Limited (Plaintiff 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 Plaintiff’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 affidavit of the applicant, Salome Wangechi.

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 filing the notice of appeal was not inordinate, adding that she has an arguable appeal.

3. No responses were filed in respect of the current application.

4. I find that it is not the place of this court to consider whether the intended appeal is arguable or not. It suffices 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 14thDAY OF NOVEMBER 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Mbaabu C.N Kihara for 3rd DefendantCourt Assistant: Vena