Langata Development Co. Limited v Mary Wanjiru Dames [2019] KECA 494 (KLR)
- Court
- Court of Appeal
- Case number
- 494
- Citation
- [2019] KECA 494 (KLR)
- Decided
- 19 July 2019
The court finds that no Notice of Appeal has been filed either at the Supreme Court or Court of Appeal, and therefore, it has no jurisdiction to entertain the instant application for leave and certification to appeal to the Supreme Court.
Facts
The respondent, Mary Wanjiru Dames, was the registered proprietor of land parcel I.R. 57550 - LR 7540/23. The applicant, Langata Development Co. Limited, agreed to purchase 672 acres of the land, but the surveyors gave the applicant 757.3 acres, including an extra 85.3 acres. The respondent sought an order for re-transfer of the excess land.
Issues
- Whether a valid Notice of Appeal has been filed in relation to the matter
- Whether the applicant is entitled to certification and leave to appeal to the Supreme Court
- Whether the applicant is entitled to preservation orders
Reasoning
The court notes that a Notice of Appeal must be filed outright and is a jurisdictional pre-requisite. The absence of a Notice of Appeal means the court lacks jurisdiction to consider the application for certification and leave to appeal to the Supreme Court.
Outcome
The court downed its tools and dismissed the application for certification and leave to appeal to the Supreme Court.
Authorities cited
Cases cited (3)
- Nicholas Kiptoo Arap Korir Salat -v- Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR
- Independent Electoral & Boundaries Commission -v- Jane Cheperenger & 2 Others [2015] eKLR
- Owners of the Motor Vessel “Lillian S” -v- Caltex Oil (Kenya) Ltd [1989] KLR 1
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