[2022] KEELC 950 (KLR)
The court exercised its discretion to allow the appellant to file a corrected record of appeal, recognizing the importance of accurate records for the fair determination of the appeal. The court also granted liberal leave to both parties to address any further anomalies, ensuring procedural fairness and adherence to...
Source-derived case information.
- Citation
- [2022] KEELC 950 (KLR)
- Parties
- Appellant: Guyo Galgalo Tadi; Respondent: Hassan Hussein
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 008 of 2021
- Procedural Posture
- Civil Appeal / Interlocutory Application for Leave to File Corrected Record of Appeal
- Outcome
- Leave granted to appellant to file corrected record of appeal; liberal leave granted to both parties to respond as necessary; directions given for next mention date.
- Judges
- FM Njoroge
- Legal Topics
- Appeal Record Correction, Leave of Court, Procedural Anomalies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Guyo Galgalo Tadi
Appellant
Hassan Hussein
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Leave to File Corrected Record of Appeal
Legal Issues
- 1 Whether the appellant should be granted leave to file a corrected record of appeal.
- 2 Whether the respondent should be granted corresponding leave to address any anomalies.
Ratio Decidendi
The court exercised its discretion to allow the appellant to file a corrected record of appeal, recognizing the importance of accurate records for the fair determination of the appeal. The court also granted liberal leave to both parties to address any further anomalies, ensuring procedural fairness and adherence to the principles of natural justice. The orders were made to facilitate the just and expeditious disposal of the appeal without prejudice to either party.
Court Disposition
Leave granted to appellant to file corrected record of appeal; liberal leave granted to both parties to respond as necessary; directions given for next mention date.
Orders
- The appellant is granted 14 days to file a corrected record of appeal.
- Liberal leave is granted to parties to further respond, as and if necessary, before the next mention date.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT ISIOLO
ELCA CASE NO. 008 OF 2021
GUYO GALGALO TADI.......APPELLANT
VERSUS
HASSAN HUSSEIN.............RESPONDENT
RULING
1. Mr. Jarso, the appellant’s advocate told the Court that he had just replaced another advocate. Upon perusal of the record of Appeal he had discovered some anomalies including interchanging of page references. He asked for leave to file a corrected record of Appeal.
2. Mr. Misati, the respondent’s advocate told the court that he was not opposed to Mr. Jarso filing a proper record of Appeal. He also asked for Corresponding leave to handle any anomalies if need be.
3. The following orders are issued:
a. The appellant is granted 14 days to file a corrected record of Appeal.
b. Liberal leave is granted to parties to further respond, as and if necessary, before the next mention date.
c. Directions on 30/5/2022.
WRITTEN AND DELIVERED IN OPEN COURT THIS 14TH DAY OF MARCH, 2022 IN THE PRESENCE OF:
Court Assistant: Balozi
Jarso for the Appellant
Misati h/b Kimathi for the Respondent
HON. JUSTICE P. M. NJOROGE
JUDGE