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Registered Trustees of Christ’s Co-Workers Felowship Church (Chrisco) v Grey Harts Limited & 4 others (Environment & Land Case 44 of 2021) [2022] KEELC 15330 (KLR) (6 December 2022) (Ruling)

[2022] KEELC 15330 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
15330
Citation
[2022] KEELC 15330 (KLR)
Decided
6 December 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge a Notice of Appeal and Record of Appeal out of timeCoramFO NYAGAKA, Hon.
Holding

The Court denied the application as the Notice of Appeal was filed out of time.

Facts

The Registered Trustees of Christ’s Co-Workers Felowship Church (Chrisco) filed an application seeking to extend the time for lodging a Notice of Appeal and Record of Appeal against a ruling of the Environment and Land Court at Kitale.

Issues

  1. Whether the Application is merited
  2. Who to bear the costs of this Application?

Reasoning

The Court ruled that the Applicants had fourteen days from the date of the ruling to file the Notice of Appeal, and since they filed it two days later, it was out of time.

Outcome

The application was denied.

Orders

  • The Notice of Appeal was deemed to be properly filed.
  • The time for filing the Memorandum of Appeal and Record of Appeal was extended.

Authorities cited

Legislation (4)
  • Civil Procedure Act
  • Civil Procedure Rules, 2010
  • Environment and Land Court (ELC) Act
  • Appellate Jurisdiction 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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