Siengo v Ajwala (Environment and Land Miscellaneous Application E011 of 2022) [2023] KEELC 403 (KLR) (2 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 403
- Citation
- [2023] KEELC 403 (KLR)
- Decided
- 2 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent did not oppose the motionCoramAY KOROSS
Holding
The motion is struck out as fatally defective, incompetent, and a nullity. The applicant's motion is expunged from the court record.
Facts
The applicant sought to appeal a judgment out of time due to not being served with the judgment and not being aware of the transfer of the case.
Issues
- Whether the applicant met the threshold to warrant issuance of the orders sought
- Whether the applicant disclosed the decision he was aggrieved against and the date of its delivery
Reasoning
The court found the motion to be fatally defective due to the lack of disclosure of the impugned judgment and the date of its delivery, and the failure to attach a draft copy of the memorandum of appeal.
Outcome
The motion is struck out.
Orders
- The memorandum of appeal is expunged from the court record.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Environment and Land Court Act
Cases cited (1)
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
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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