Wanjau v County Government of Uasin Gishu (Civil Application E007 of 2022) [2023] KECA 358 (KLR) (31 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 358
- Citation
- [2023] KECA 358 (KLR)
- Decided
- 31 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out Notice of AppealCoramF Sichale, F Ochieng, L Achode
Holding
The Notice of Appeal is struck out as the County Government failed to file the appeal within the prescribed 60-day period and did not provide a valid reason for the delay.
Facts
The applicant, Wangari Wanjau, sought to strike out the Notice of Appeal filed by the County Government of Uasin Gishu against the Judgment of the Environment and Land Court at Eldoret. The appeal was filed more than three years after the notice of appeal was filed.
Issues
- Whether the Notice of Appeal should be struck out due to non-compliance with the 60-day filing deadline
- Whether the County Government's reasons for delay were valid
Reasoning
The Court held that the appeal was not filed within the 60-day period and that the reasons provided by the County Government for the delay were not sufficient.
Outcome
The Notice of Appeal is struck out.
Orders
- The Notice of Appeal is struck out
Authorities cited
Cases cited (1)
- Mae Properties Limited vs Joseph Kibe & Another, Civil Appeal No 201 of 2016
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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