Opwora & another v Sondai (Environment & Land Case E054 of 2024) [2025] KEELC 3691 (KLR) (24 April 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3691
- Citation
- [2025] KEELC 3691 (KLR)
- Decided
- 24 April 2025
Summary at a glance
TypeAppealPostureAppeal from the judgment of the learned magistrate Hon. Kagoni E.M. (MR) (SPM) – delivered on 3rd December, 2024CoramLC KOMINGOI
The notice of motion is struck out with costs to the respondent
Facts
The appellants Caleb Wafula Opwora and Khayimba Naftali Akala filed a notice of motion seeking leave to appeal against the judgment of the learned magistrate dated 3rd December 2024, and other relief.
Issues
- Whether the notice of motion is merited
- Whether the appellants have properly invoked the jurisdiction of the court
Reasoning
The notice of motion was brought barely 13 days after the judgment was delivered, and it was poorly drawn, failing to quote the express provisions of the law. The court found no merit in the notice of motion.
Outcome
The notice of motion is struck out with costs to the respondent
Orders
- The notice of motion is struck out
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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