Elephant Oil Mills Limited v Njorogre & 5 others (Civil Application E037 of 2024) [2025] KECA 1320 (KLR) (18 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1320
- Citation
- [2025] KECA 1320 (KLR)
- Decided
- 18 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out the Notice of AppealCoramA. K. MURGOR, DR. K. I. LAIBUTA CARB, FCIARB., G. W. NGENYE-MACHARIA
Holding
The 3rd respondent's notice of appeal is incompetent and is hereby struck out.
Facts
The applicant, Elephant Oil Mills Limited, moved the Court to strike out the 3rd respondent's notice of appeal due to lack of locus standi and finality of the suit property's determination.
Issues
- Locus standi of the 3rd respondent
- Finality of the suit property's determination
Reasoning
The 3rd respondent had no stake in the consent order and her claim in the suit property was determined with finality in previous decisions.
Outcome
The 3rd respondent's notice of appeal is struck out.
Orders
- The 3rd respondent's notice of appeal dated 14th March 2024 is hereby struck out.
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…