Equatorial Land Holdings Limited & another v Cheseret Arap Korir [2020] KECA 425 (KLR)
- Court
- Court of Appeal
- Case number
- 425
- Citation
- [2020] KECA 425 (KLR)
- Decided
- 7 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of AppealCoramA. K. MURGOR, J. MOHAMMED, S. ole KANTAI
Holding
The Notice of Appeal is struck out with costs to the applicants.
Facts
The applicants filed a Notice of Appeal against the ruling of the Environment and Land Court, but the respondent filed a replying affidavit stating that the Notice of Appeal was not served within the required seven days.
Issues
- Validity of the Notice of Appeal
- Service of the Notice of Appeal
Reasoning
The Notice of Appeal was served outside the seven days stipulated by Rule 77(1) of the Court of Appeal Rules, which is mandatory. The Court found that the Notice of Appeal was not served within the required time and did not comply with the mandatory provisions of the Rules.
Outcome
Application allowed
Orders
- Notice of Appeal dated and filed on 24th July, 2019 is struck out with costs to the applicants
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules
Cases cited (1)
- Daniel Nkirimpa Monirei v Sayialel ole Koilel & 4 others [2016] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…