David Mutua Macenge v Regina Kamenge [2017] KEELC 1309 (KLR)
- Court
- Environment & Land Court
- Case number
- 1309
- Citation
- [2017] KEELC 1309 (KLR)
- Decided
- 19 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the Embu Provincial Appeals CommitteeCoramP.M. NJOROGE
Holding
The court finds that there is no appeal properly before this court and declares the matter disposed of.
Facts
The Embu Provincial Appeals Committee never finalized the case, and no appeal was properly filed in the court.
Issues
- Whether the court has jurisdiction to hear the appeal
- Whether the appeal was properly filed
Reasoning
The court ruled that since the Embu Provincial Appeals Committee did not make a decision, there is no appeal to be heard in this court. Jurisdiction is necessary for a court to proceed, and without it, the court cannot entertain any proceedings.
Outcome
Appeal dismissed
Orders
- The file should be removed from the list of appeals pending in this court
Authorities cited
Legislation (1)
- Land Disputes Tribunals Act
Cases cited (3)
- The MV SS Lilian S
- Samuel Kamau & Another versus Kenya Commercial Bank and Two Others
- Petition No. 5 of 2015 (Between the Republic as Appellant and Karisa Chengo and two others as Respondents)
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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