I have considered the Respondent’s application that the appeal be struck out and the submissions.
This appeal is filed in this Court pursuant to Section 16A (1) of the Environment and Land Court Act which requires that appeals from the Subordinate Courts be filed within 30 (thirty) days of the decision appealed against. The decision appealed against here is one dated 15th November 2023. This appeal was filed on 2nd May 2025.
Mr Maanzo has conceded that no leave was obtained from this Court to file the appeal out of time. Such leave was to be sought under Section 16A (2) of the Environment and Land Court Act. The High Court held that it had no jurisdiction. It could not therefore grant leave in a matter that it had no jurisdiction.
I agree with Mr Kirianki that this appeal is defective. It is beyond salvage. I strike it out with costs to the Respondent. Case closed.
Dated this 25th day of September 2025.
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