In re Francis Waiganjo Kimanga & another [2017] KEELC 2361 (KLR)
- Court
- Environment & Land Court
- Case number
- 2361
- Citation
- [2017] KEELC 2361 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for determination struck outCoramC. YANO
Holding
The application is defective and is hereby struck out.
Facts
The application was brought under the provisions of section 13 of the Environment and Land Court Act, Sections 1A, 1B, 3, 3A, 63(c) and (e) of Civil Procedure Act, and Order 51 of the Civil Procedure Rules 2010.
Issues
- Defect in the supporting affidavit
- Inability to cure the defect by amendment
Reasoning
The court found the supporting affidavit unsigned and thus invalid, and deemed the application incompetent due to the defect.
Outcome
Defeat
Orders
- Application for determination struck out
Authorities cited
Legislation (3)
- Environment and Land Court Act
- Civil Procedure Act
- Civil Procedure Rules 2010
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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