Case ID:168367

Duba Ware v Hellen Hakule Halakhe [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case Miscellaneous Case E011 of 2020

Parties:

Duba Ware v Hellen Hakule Halakhe

Date Delivered:

22 Dec 2020

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Duba Ware v Hellen Hakule Halakhe [2020] eKLR

Court Division:

Environment and Land

County:

Tharaka Nithi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

MERU ELC MISCELLANEOUS CASE NO. E011 OF 2020

DUBA WARE.............................................APPLICANT

VERSUS

HELLEN HAKULE HALAKHE..............RESPONDENT

RULING

1. This application was handled in Chambers without the presence of the applicant due to Covid – 19 concerns.

2. This application states that it has been brought to court under Order 51 Rule 1 and Order 50 Rule 6 of the Civil Procedure Rules.

3. I do note that the applicant states that he could not file the intended appeal within the stipulated time because there was delay in the typing and releasing of the proceedings in the lower court. Judgment was delivered on 24

th

June, 2020. As the proceedings were supplied on 25

th

August, 2020, the period between 24

th

June, 2020 and 25

th

August, 2020 is excludable for purposes of determining if or if not time for an intended appeal can be extended.

4. However, this application has been filed close to four months after the period intimated in the certificate of delay. I deem that this is delay that deserves explaining to court.

5. In the circumstances, the following orders are issued:

a) This application is

NOT

certified urgent

BUT

will be heard on priority basis.

b) The applicant is directed to properly serve the respondent within 14 days of today.

c) The application will be heard interpartes at Meru by the Hon. Lady Justice Lucy Mbugua on

10

th

February, 2021

.

Delivered in Chambers at Chuka this 22

nd

day of December, 2020 in the presence of:

CA: Ndegwa

P. M. NJOROGE,

JUDGE.