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Waithaka v Waititu (Environment and Land Appeal 52 of 2020) [2022] KEELC 3702 (KLR) (5 May 2022) (Ruling)

[2022] KEELC 3702 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3702
Citation
[2022] KEELC 3702 (KLR)
Decided
5 May 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand and EnvironmentPostureRespondent's Motion to Lift Stay and Strike Out Record of AppealCoramJG KEMEI
Holding

The application is allowed, and the record of appeal is struck out with costs in favor of the applicant.

Facts

The respondent sought to lift stay orders and strike out the record of appeal due to the appellant's late filing of the record of appeal.

Issues

  1. Lifting of stay orders
  2. Striking out the record of appeal

Reasoning

The court found that the record of appeal was filed out of time and the status quo order was no longer in force due to the lapse of the stay orders.

Outcome

The application is granted.

Orders

  • The record of appeal is struck out with costs in favor of the applicant.
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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