[2023] KEELC 22259 (KLR)

[2023] KEELC 22259 (KLR)

The court found that the respondent was duly served with the Notice of Motion as evidenced by the Affidavit of Service. In the absence of any response from the respondent, the court allowed the application as prayed in prayers No. 1 and 2. The court further ordered that the Memorandum of Appeal be deemed duly filed...

Source-derived case information.

Citation
[2023] KEELC 22259 (KLR)
Parties
Appellant: Samuel Ngwono Aluru; Respondent: Michael Muiruri Kariuki
Court
Environment and Land Court
Court Station
Environment and Land Court at Kajiado
Jurisdiction
Kenya
Case Number
Environment and Land Appeal E004 of 2023
Procedural Posture
Environment and Land Appeal / Ruling on Interlocutory Application
Outcome
Application allowed in terms of prayers No. 1 and 2 of the Notice of Motion dated 16th August 2023.
Judges
LC Komingoi
Legal Topics
Service of Process, Appeal Filing Requirements, Memorandum of Appeal, Record of Appeal
Source Language
en
Civil Procedure Land and Property Service of Process Appeal Filing Requirements Memorandum of Appeal Record of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel Ngwono Aluru

Appellant

Michael Muiruri Kariuki

Respondent

Procedural Posture

Environment and Land Appeal / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the respondent was duly served with the Notice of Motion dated 16th August 2023.
  2. 2 Whether the appellant's Memorandum of Appeal should be deemed duly filed upon payment of requisite fees.
  3. 3 Whether the appellant should be granted leave to file a Record of Appeal within a specified period.

Ratio Decidendi

The court found that the respondent was duly served with the Notice of Motion as evidenced by the Affidavit of Service. In the absence of any response from the respondent, the court allowed the application as prayed in prayers No. 1 and 2. The court further ordered that the Memorandum of Appeal be deemed duly filed upon payment of the requisite fees and directed the appellant to file a Record of Appeal within thirty days. The court exercised its discretion to facilitate the expeditious determination of the appeal, ensuring compliance with procedural requirements and fairness to both parties.

Court Disposition

Application allowed in terms of prayers No. 1 and 2 of the Notice of Motion dated 16th August 2023.

Orders

  • The Memorandum of Appeal is deemed duly filed upon payment of the requisite fees.
  • The appellant is directed to file a Record of Appeal within thirty (30) days.