Gachu v Kirathi & 3 others (Environment and Land Appeal E004 of 2024) [2026] KEELC 1068 (KLR) (25 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1068
- Citation
- [2026] KEELC 1068 (KLR)
- Decided
- 25 February 2026
Summary at a glance
TypeAppealPostureAppellant seeks to review, vary, or set aside the orders of the Court issued on 21/5/2025, and to grant leave to file a Notice of Appeal against the Order of 21/5/2025 out of time.CoramJM KAMAU
The Appellant's application is granted. The Orders made on 21/5/2025 for costs to the Appellant are vacated. Each Party bears its own costs.
Facts
The Appellant appealed against the Ruling of the Honourable Trial Magistrate in Nyahururu CMELC No. 238 of 2018, and the Appeal was admitted. The Appellant was awarded costs in the case on account of Section 100 of the Civil Procedure Act, Slip Rule.
Issues
- Review, vary, or set aside the orders of the Court issued on 21/5/2025.
- Grant leave to file a Notice of Appeal against the Order of 21/5/2025 out of time.
Reasoning
The Appellant's application is granted due to incomplete and incoherent proceedings from the lower Court, and the issue of costs would be reviewed on the day the Orders were made.
Outcome
The Appellant's application is granted.
Orders
- The Orders made on 21/5/2025 for costs to the Appellant are vacated.
- Each Party bears its own costs.
Remedies
- Vacation of Orders for costs to the Appellant.
- Each Party bears its own costs.
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