Kenya Wildlife Services v Mbea (Civil Appeal E024 of 2023) [2025] KEHC 1959 (KLR) (7 February 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1959
- Citation
- [2025] KEHC 1959 (KLR)
- Decided
- 7 February 2025
Summary at a glance
TypeCivil AppealPostureAppeal out of timeCoramLW GITARI
The court denied leave to appeal out of time and dismissed the application.
Facts
Kenya Wildlife Services filed a memorandum of appeal against a ruling in Marimanti P.M.CC No.16/2022, which was delivered on 31/7/2023. The appeal was filed on 11/10/2023, 30 days after the ruling, without leave of the court.
Issues
- Whether the court should grant leave to appeal out of time
- Whether the appeal is competent and should be entertained
Reasoning
The court found that the appeal was filed out of time and that the application was incompetent. The court dismissed the application and ordered costs to be awarded to the respondent.
Outcome
Appeal dismissed
Orders
- Denial of leave to appeal out of time
- Dismissal of the application
Remedies
- Award of costs to the respondent
Authorities cited
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