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Omusungu v Nyagaka (Environment and Land Appeal E001 of 2024) [2025] KEELC 3221 (KLR) (7 April 2025) (Ruling)

[2025] KEELC 3221 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3221
Citation
[2025] KEELC 3221 (KLR)
Decided
7 April 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent seeks to strike out the Appellant's Memorandum of AppealCoramBN OLAO
Holding

The Memorandum of Appeal dated 24th March 2025 is hereby struck out

Facts

The Appellant sought to set aside a Judgment delivered on 22nd December 2023, but the appeal was filed out of time and without leave.

Issues

  1. Whether the appeal was filed out of time
  2. Whether the Appellant had good and sufficient cause for not filing the appeal in time

Reasoning

The appeal was filed 2 years and 3 months after the Judgment was delivered, and no leave to file out of time was granted.

Outcome

Appeal dismissed

Orders

  • Memorandum of Appeal dated 24th March 2025 is struck out

Authorities cited

Legislation (1)
  • Civil Procedure 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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