Runji & 3 others v National Land Commission & another (Civil Application 47 of 2020) [2022] KECA 670 (KLR) (8 July 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 670
- Citation
- [2022] KECA 670 (KLR)
- Decided
- 8 July 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out record of appealCoramJUDGE OF APPEAL, S. GATEMBU KAIRU, JUDGE OF APPEAL, P. NYAMWEYA, JUDGE OF APPEAL, J. LESIIT
Holding
The application to strike out the record of appeal is dismissed with costs.
Facts
Heresia Runji and three others filed an application to strike out the record of appeal dated February 28, 2020 against the judgment of the High Court in Constitutional Petition No. 17 of 2018. The respondents, National Land Commission and Miritini Freeport Limited, filed a notice of appeal on November 22, 2019.
Issues
- Whether the application to strike out the record of appeal was filed within the appeal period.
- Whether the record of appeal is incompetent and should be struck out with costs.
Reasoning
The application was not filed within the appeal period. The record of appeal was filed within time and the certificated copies of the proceedings were delivered to the respondents within the allowed time.
Outcome
Application dismissed
Orders
- Application to strike out the record of appeal dismissed
Authorities cited
Cases cited (2)
- Michael Mwalo vs. Board of Trustees National Social Security Fund [2014] eKLR
- Daniel Ng’ang’a Kanyi V. Sophinaf Company Ltd & Another, Civil Appeal (Application) No. 315 of 2001
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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