Royal Balloon Limited v County Government of Narok (Civil Application 164 of 2019) [2024] KECA 1145 (KLR) (20 September 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1145
- Citation
- [2024] KECA 1145 (KLR)
- Decided
- 20 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent seeks to strike out the Notice of AppealCoramD. K. MUSINGA, ASIKE-MAKHANDIA, ALI-ARONI
Holding
The Notice of Appeal is struck out due to being filed outside the stipulated time period and without leave of the Court
Facts
The respondent filed a Notice of Appeal against a ruling by the High Court of Kenya in Narok, which was in favor of the applicant regarding certiorari orders to quash decisions related to the applicant's business of operating Hot Air Balloons and its activities in Maasai Mara National Park.
Issues
- Procedural lapses in filing the Notice of Appeal
- Failure to serve a letter bespeaking proceedings
Reasoning
The notice of appeal was filed more than 60 days after the decision and without any application for extension of time. The respondent did not serve a letter bespeaking proceedings, which would have allowed for a possible extension of time.
Outcome
The Notice of Appeal is struck out
Orders
- Notice of Appeal is struck out
Authorities cited
Cases cited (1)
- Benedict Mwazighe & Another vs. Gasper Walele & 2 Others [2011] 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.
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