[2024] KEELC 1492 (KLR)
The court found that the appellant failed to comply with the mandatory requirement to file a certified copy of the decree as ordered, in accordance with Order 42 Rule 2 of the Civil Procedure Rules. Despite the absence of the decree, the court reviewed the memorandum of appeal and the Tribunal's decision and found...
Source-derived case information.
- Citation
- [2024] KEELC 1492 (KLR)
- Parties
- Appellant: Peter Mburu; Respondent: Solomon Kim Kariuki
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E012 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Summary Rejection of Appeal
- Outcome
- appeal summarily rejected with costs to the respondent
- Judges
- FO Nyagaka
- Legal Topics
- Appeal Procedure, Summary Rejection, Decree Filing Requirements, Tribunal Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mburu
Appellant
Solomon Kim Kariuki
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Summary Rejection of Appeal
Legal Issues
- 1 Whether the appellant complied with the requirement to file a certified copy of the decree as per Order 42 Rule 2 of the Civil Procedure Rules, 2010.
- 2 Whether there are sufficient grounds to interfere with the decision of the Tribunal.
Ratio Decidendi
The court found that the appellant failed to comply with the mandatory requirement to file a certified copy of the decree as ordered, in accordance with Order 42 Rule 2 of the Civil Procedure Rules. Despite the absence of the decree, the court reviewed the memorandum of appeal and the Tribunal's decision and found no sufficient grounds to interfere with the Tribunal's decree. Consequently, the appeal was summarily rejected under Section 79B of the Civil Procedure Act, with costs awarded to the respondent.
Court Disposition
appeal summarily rejected with costs to the respondent
Orders
- The appeal is summarily rejected under Section 79B of the Civil Procedure Act.
- Costs of the appeal are awarded to the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
Mburu v Kariuki (Environment and Land Appeal E012 of 2023) [2024] KEELC 1492 (KLR) (19 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1492 (KLR)
Republic of Kenya
In the Environment and Land Court at Kitale
Environment and Land Appeal E012 of 2023
FO Nyagaka, J
March 19, 2024
Between
Peter Mburu
Appellant
and
Solomon Kim Kariuki
Respondent
Ruling
1. Before me is an Appeal under Section 79B of the Civil Procedure Act.I have not seen any decree filed in terms of Order 42 Rule 2 of the Civil Procedure Rules, 2010. This court recalls that vide the Ruling delivered on 13/03/2024 it directed the Appellant to file, within seven (7) days a copy of the decree, in terms of Order 42 Rule 2. Order 42 requires that where the certified copy of such a document or other relevant one is not filed with the appeal, the Appellant shall file it as soon as possible and in any event within such time as the court may order. The Appellant in this case has not complied with the order.
2. That notwithstanding, I have carefully analysed the Memorandum of Appeal as required under Section 79B of the Civil Procedure Act, Chapter 21 Laws of Kenya. Though the decree was not presented before me, I have compared the Grounds of Appeal with Ruling or Decision of the Chairman of the Tribunal, as delivered on 27/10/2023, annexed to the Supporting Affidavit of the Appellant in the application for stay of execution on which the Ruling of 13/03/2024 was delivered by this court. I find no sufficient grounds for interfering with the decree of the Tribunal. I reject summarily the appeal filed herein, with costs to the Respondent.
3. Orders accordingly.
RULING DATED, SIGNED AND DELIVERED AT KITALE THIS 19TH DAY OF MARCH, 2024. HON. DR. IUR FRED NYAGAKAJUDGE, ELC, KITALE.