Unilever Tea Kenya Limited v National Land Commission & 2 others (Civil Application 113 of 2018) [2022] KECA 31 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 31
- Citation
- [2022] KECA 31 (KLR)
- Decided
- 4 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for striking out of Notice of AppealCoramW. KARANJA, J. MOHAMMED, S. ole KANTAI
Holding
The application is allowed, and the appellant's Notice of Appeal is deemed withdrawn.
Facts
Unilever Tea Kenya Limited filed a Notice of Appeal against the ruling of the Environment & Land Court in Kericho, which was delivered on 22nd November, 2017. The appeal was based on the construction and renovation of the national highway by the Kenya National Highway Authority.
Issues
- Whether the Notice of Appeal was properly served on the respondent
- Whether the appeal is frivolous and an abuse of the court process
- Whether the appeal is incompetent and cannot lie
Reasoning
The Notice of Appeal was filed within the prescribed time, but the record of appeal was not lodged within the prescribed period. The court deems the appeal withdrawn.
Outcome
Appeal dismissed
Orders
- The Notice of Appeal is deemed withdrawn
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.
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