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Wanjohi & another v City Council of Nairobi & another (Environment and Land Appeal 089 of 2021) [2022] KEELC 3394 (KLR) (5 May 2022) (Ruling)

[2022] KEELC 3394 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3394
Citation
[2022] KEELC 3394 (KLR)
Decided
5 May 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of Chief Magistrate Gicheha in Milimani CMCC No 9266 of 2001CoramLC KOMINGOI
Holding

Leave to file an appeal out of time is granted

Facts

The appellants were not present during the delivery of the judgment and were not notified of it. The 2nd respondent claims the appellants and their advocates were aware of the judgment.

Issues

  1. Appellants' lack of knowledge of the judgment
  2. Appellants' request for leave to file an appeal out of time

Reasoning

The court allows the appeal due to the appellants' lack of knowledge of the judgment and the absence of material to support the lower court's decision.

Outcome

Leave to appeal granted

Orders

  • Leave to appeal granted
  • Draft memorandum of appeal deemed to be duly filed upon payment of requisite fees

Authorities cited

Cases cited (1)
  • Article 50 of the Constitution
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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