[2022] KECA 118 (KLR)
The Court determined that the circumstances of this application were identical to those in Mombasa Civil Application No. 15 of 2020 (Cyber Access Limited v National Land Commission). Therefore, the reasoning and orders in that ruling would apply mutatis mutandis to the present application. The Court did not provide...
Source-derived case information.
- Citation
- [2022] KECA 118 (KLR)
- Parties
- Applicant: Habo Agencies Limited; Respondent: National Land Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Application 16 of 2020
- Procedural Posture
- Application / Order on Application to Strike Out Notice of Appeal
- Outcome
- Application determined in accordance with the ruling in Mombasa Civil Application No. 15 of 2020; orders as per that ruling apply mutatis mutandis.
- Judges
- SG Kairu, A Mbogholi-Msagha, P Nyamweya
- Legal Topics
- Notice of Appeal, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Habo Agencies Limited
Applicant
National Land Commission
Respondent
Procedural Posture
Application / Order on Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal lodged by the respondent should be struck out for non-compliance or other procedural grounds.
Ratio Decidendi
The Court determined that the circumstances of this application were identical to those in Mombasa Civil Application No. 15 of 2020 (Cyber Access Limited v National Land Commission). Therefore, the reasoning and orders in that ruling would apply mutatis mutandis to the present application. The Court did not provide a separate, detailed analysis but instead adopted its earlier decision as dispositive of the issues raised.
Court Disposition
Application determined in accordance with the ruling in Mombasa Civil Application No. 15 of 2020; orders as per that ruling apply mutatis mutandis.
Orders
- The ruling in Mombasa Civil Application No. 15 of 2020 between Cyber Access Limited and National Land Commission shall apply, mutatis mutandis, to this application.
Full Case Text
Judgment text and source record
17 paragraphs
Habo Agencies Limited v National Land Commission (Application 16 of 2020) [2022] KECA 118 (KLR) (18 February 2022) (Order)
Neutral citation number: [2022] KECA 118 (KLR)
Republic of Kenya
In the Court of Appeal at Mombasa
Application 16 of 2020
SG Kairu, A Mbogholi-Msagha & P Nyamweya, JJA
February 18, 2022
Between
Habo Agencies Limited
Applicant
and
National Land Commission
Respondent
(An application to strike out the notice of appeal from the judgment and decree of the High Court of Kenya at Mombasa (E.K. Ogola, J.) delivered on 23rd January 2020 in High Court Constitutional Petition No. 44 of 2018)
Order
1. In its application dated 19 February 2020, Habo Agencies Limited, the applicant, seeks an order that the notice of appeal by National Land Commission, the respondent, dated 23rd of January 2020 and lodged in the High Court at Mombasa on 24 January 2020 be struck out. The circumstances giving rise to this application are the same as those obtaining in Mombasa Civil Application No. 15 of 2020 between Cyber Access Limited and National Land Commission with respect to which the Court has delivered its ruling of even date. Accordingly, that ruling in Mombasa Civil Application No. 15 of 2020 between Cyber Access Limited and National Land Commission shall apply, mutatis mutandis, to this application.Orders accordingly.
DATED AT MOMBASA THIS 18 TH DAY OF FEBRUARY 2022. S. GATEMBU KAIRU, FCIArb.....................................JUDGE OF APPEALMBOGHOLI MSAGHA.......................................JUDGE OF APPEALP. NYAMWEYA.......................................JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR