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Nkonge Munyua v Mary Rose Gaaji Nkonge [2017] KEELC 1333 (KLR)

[2017] KEELC 1333 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1333
Citation
[2017] KEELC 1333 (KLR)
Decided
24 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 case was brought to the court ostensibly as an appeal, but the Embu Provincial Appeals Committee had not finalized the case.

Issues

  1. Whether the court has jurisdiction to hear the appeal
  2. Whether the appeal was properly filed

Reasoning

The court ruled that since the Embu Provincial Appeals Committee had not made a decision, no appeal could be properly filed in this court. The court lacks jurisdiction to hear the matter.

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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