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ELCAllowedEnvironment and Land Miscellaneous Application E005 of 2023

Owano v Jera

Environment and Land Court
17 October 2023
239 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan land court allowed a late appeal because no one opposed it, but the permission expires automatically if the appeal isn't filed within thirty days.

What this practically means

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Executive summary

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By a Notice of Motion dated August 8, 2023, the applicant Danis Okumu Owano, acting in person, sought leave to appeal out of time in a miscellaneous application before the Environment and Land Court at Homa Bay. The respondent Nathaniel Oyugi Jera did not file a response; his counsel, Ms Aluoch Odera, informed the court that the respondent did not oppose the application. The applicant stated that he could file the appeal within thirty days. GMA Ongondo J found that the application had merit and allowed it. The court granted leave to appeal out of time, ordered that costs would abide the outcome of the prospective appeal, and directed the applicant to lodge and serve the appeal within thirty days of the ruling, failing which the orders would lapse automatically without further orders of the court. The ruling is brief, unopposed, and contains no citation of authorities or statutory provisions; its significance lies in the conditional nature of the extension of time and the costs-abiding order.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant should be granted leave to appeal out of time

Key legal issues

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01

Whether leave to appeal out of time should be granted

Holding

Leave granted, the application being unopposed and the applicant undertaking to file within thirty days

Reasoning

The applicant sought leave to appeal out of time by Notice of Motion dated August 8, 2023. The respondent, through counsel, did not oppose the application. The applicant stated he could file the appeal within thirty days. The court found the application had merit and allowed it, making the leave conditional on timely filing.

p. 1

Legal principles established

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  • An unopposed application for extension of time to appeal that shows merit may be allowed, with the leave conditional on filing within a set period

Court orders

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  1. 1.Leave granted to appeal out of time
  2. 2.Applicant to lodge and serve appeal within thirty days from the date of the ruling, failing which the orders lapse automatically
  3. 3.Costs to abide the outcome of the prospective appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction to grant leave to appeal out of time (Environment and Land Court miscellaneous application)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Wherefore, the application is hereby allowed with costs to abide the outcome of the prospective appeal.
p. 1disposition
The applicant to lodge and serve appeal within thirty days from this date failure of which these orders shall lapse automatically without any further orders of this court being necessary.
p. 1conditional leave to appeal out of time

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Owano v Jera", Case Analysis (2023). Environment and Land Miscellaneous Application E005 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20727/eng@2023-10-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.