Khavere v Kavuludi & 3 others (Civil Application E098 of 2024) [2025] KECA 1403 (KLR) (31 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1403
- Citation
- [2025] KECA 1403 (KLR)
- Decided
- 31 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out a Notice of AppealCoramE. Asati, H. A. Omondi, LK KIMARU
Holding
The application to strike out the Notice of Appeal is incompetent and struck out with costs to the respondent.
Facts
The applicant Caroline Khavere filed an application to strike out a Notice of Appeal against the Judgment of the Environment and Land Court dated 13th June, 2024, filed by the 1st respondent Peter Kavuludi.
Issues
- Defectiveness of the Notice of Appeal
- Timeliness of the application to strike out the Notice of Appeal
Reasoning
The Notice of Appeal was filed outside the stipulated 7-day period and was deemed defective. The application to strike out the Notice of Appeal was filed one day outside the time limit, thus being incompetent.
Outcome
Struck out with costs to the respondent
Orders
- Application to strike out the Notice of Appeal is incompetent and struck out with costs to the respondent
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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