Nyambok v Ojuka & another (Environment and Land Appeal 30 of 2022) [2023] KEELC 17749 (KLR) (5 June 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 17749
- Citation
- [2023] KEELC 17749 (KLR)
- Decided
- 5 June 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Environment and Land Court at Homa BayCoramGMA ONGONDO
Holding
The court orders the appellant to file a supplementary record of appeal and submissions within 14 days, and the respondents to file their submissions within 14 days of the appellant's submissions.
Facts
The appellant, Samuel Odoyo Nyambok, filed an appeal against the respondent, Micah Onyango Ojuka, and the 2nd respondent, Jack Otieno Oyier, regarding the decree and submissions from the trial court.
Issues
- Completeness of the record of appeal
- Inclusion of decree and appellant's submissions
Reasoning
The court finds the respondent's objection merited due to the missing decree and appellant's submissions, guided by constitutional provisions on the ends of justice.
Outcome
Appeal granted
Orders
- The appellant's counsel to file and serve a supplementary record of appeal and submissions within 14 days
- The respondents' counsel to file and serve submissions within 14 days of the appellant's submissions
- This appeal to be heard by written submissions accordingly
- Highlighting of submissions on September 26, 2023
Authorities cited
Legislation (2)
- Article 159(2)(d) of the Constitution of Kenya, 2010
- Articles 48 and 50(1) of the Constitution of Kenya, 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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