Nancy Wangari Kinyua v Rose Wambui & another [2021] KEELC 19 (KLR)
- Court
- Environment & Land Court
- Case number
- 19
- Citation
- [2021] KEELC 19 (KLR)
- Decided
- 31 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment and orders of Senior Principal Magistrate H.N. Ndung’u in Kerugoya Law Courts in SPMCC No. 267 of 2010 Nancy Wangari Kinyua Versus Rose Wambui & AnotherCoramHON. E.C. CHERONO, ELC JUDGE
Holding
The memorandum of appeal be struck out.
Facts
The appellant sought to appeal against the judgment and orders of Senior Principal Magistrate H.N. Ndung’u in Kerugoya Law Courts in SPMCC No. 267 of 2010 Nancy Wangari Kinyua Versus Rose Wambui & Another, delivered on 19th January, 2012. The appellant claimed that the magistrate erred in law and facts in finding that she had sold one acre of the land and had no right over the suit.
Issues
- Whether the appeal should succeed.
- Whether the learned magistrate erred in law and facts in finding that the appellant had sold one acre of the land and therefore had no right over the suit.
Reasoning
The appellant’s appeal was not in compliance with the law and the mandatory terms provided in Order 42 rule 1 (1) (2) of the Act, as it sought to appeal an order after review of the same.
Outcome
The appeal was dismissed.
Orders
- The memorandum of appeal be struck out.
- Costs to be awarded to the respondents.
Authorities cited
Cases cited (3)
- Order 42 rule 1 (1) (2) of the Act
- Serephen Nyasani Menge Versus Rispah Onsase [2018] e KLR
- Section 80 of the Act
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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