Mutinga v Joreth Limited & 3 others (Civil Appeal (Application) E136 of 2021) [2026] KECA 145 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 145
- Citation
- [2026] KECA 145 (KLR)
- Decided
- 30 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to strike out the record of appealCoramP. M. Mwilu, SG KAIRU, WK KORIR
Holding
The Court finds the application competent and upholds the record of appeal.
Facts
The appellant filed an appeal against a judgment of the Environment and Land Court of Kenya, and later sought to strike out the record of appeal due to various procedural issues.
Issues
- Procedural defects in the filing of the record of appeal
- Timeliness of service of the record of appeal
Reasoning
The Court upholds the record of appeal, finding that the application to strike it out is premature and that the appellant did not fail to comply with the prescribed time limits.
Outcome
The application to strike out the record of appeal is dismissed.
Orders
- The application is dismissed
- The record of appeal is upheld
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2010
- Court of Appeal Rules, 2022
Cases cited (2)
- Pradeep Harish Hindocha v Catherine Matei Chena (2024) KECA 819 (KLR)
- Martin Kabaya v David Mungania Kiambi (2015) 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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