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…defective as having been filed out of time without leave of Court, hence an abuse of the court process; The Memorandum of Appeal is fatally defective on the face of it as it seeks to introduce a new party being the firm…

…The Notice of Motion dated 24/05/2024 is a non-starter as it is seeking stay orders pending the hearing and determination of an Appeal which is fatally defective; and is thus hopelessly incompetent, fatally defective and…

…In submitting that the foregoing reason makes the appeal fatally defective, the Respondent relied on the case of Salama Beach Hotel Limited & 4 others v Kenyariri & Associates Advocates & 4 others [2016] eKLR. 11.…

…Whether the appeal is fatally defective for failure to include primary documents in the record of appeal ii.…

…The Applicant contends that the affidavit is fatally defective for purportedly being sworn in Mariakani and commissioned in Mombasa. The Applicant argued that the replying affidavit does not amount to an affidavit.…

…That is irregular and unacceptable and that affidavit is, therefore, fatally defective as it was not sworn in the presence of a Commissioner for Oaths. It is likely that the stamp was just affixed.…

…The Respondent further submitted that the Decree of the trial court is not part of the Record of Appeal and according to the Respondent, the Appeal is fatally defective.…

…Whether the Appeal is fatally defective for failure to attach the decree. c. Whether the Appeal has any merits.…

…The Respondent further submitted that the Decree of the trial court is not part of the Record Appeal and according to the Respondent, the Appeal is fatally defective.…

…Whether the Appeal is fatally defective for failure to attach the decree c.…

…They urged that the statement of claim was fatally defective and untenable in law for failing to plead particulars of negligence.…

…The respondent’s argument is that the claim was fatally defective for failing to provide particulars of negligence.…

…In conclusion, Ombwayo, J. held that an appeal is rendered fatally defective where the decree or order appealed from is not part of the record of appeal.…

…Accordingly, failure to include the court order or decree would render the record of the appeal to be fatally defective and liable to be struck out.” 11. While addressing the same issue, L. N.…

…THAT the instant Appeal is fatally defective as it offends Sections 13(2) and 16A(1) of the Environment and Land Court Act Cap 8D Laws of Kenya given that this Honourable Court lacks jurisdiction to hear and determine to…

…For this reason alone, this Honourable Court finds this Preliminary Objection fatally defective, having offended the said statutory provision.…

…In his replying affidavit, the respondent avers that the application is fatally defective, frivolous and abuse of the corrupt process and lacks merits.…

…Based on the above, this court finds that the application dated 23 rd June 2025 is fatally defective and incompetent and the same is hereby dismissed with costs to the respondent.…

…application was opposed by the respondent on the following grounds: a) The application herein is a nonstarter, malicious and a desperate attempt to interfere with the cause of justice. b) The Supporting Affidavit therein is fatally…

…defective as it is not executed by the deponent; thus, it can only stand to be struck out. c) Further, the notice of motion application is incurably defective as it does not disclose the proceedings whose stay is being sort…

…For this reason, the Respondent maintains that the entire appeal is fatally defective and should be struck out in limine with costs to the Respondent. 19.…

…Accordingly, failure to include the court order or decree would render the record of the appeal to be fatally defective and liable to be struck out.…

…The respondents filed a response dated 23.7.24 alleging that the suit was fatally defective for failure to sufficiently disclose the material particulars.…

…The respondents submitted that the appellants’ statement of claim as amended on 11.6.24 was fatally defective for failure to plead negligence.…

…The application was opposed by the Respondents vide the replying affidavit of the 1 st Respondent sworn on 30 th March 2026 wherein she deposes that the application is fatally defective, incompetent and an abuse of the court…

…The Respondents on the other hand submitted that the appeal is fatally defective, incompetent and incurably bad in law for having been filed outside the mandatory timelines prescribed under section 79G of the Civil Procedure…

…I do find that the application herein is incurably and fatally defective for joinder of affidavit and I hereby strike it out. Delivered, Signed and Dated at Milimani Court this 8th day of September 2026.…

…I do find that the application herein is incurably and fatally defective for joinder of affidavit and I hereby strike it out. Delivered, Signed and Dated at Milimani Court this 8th day of September 2026.…

…I do not know of the date of the Notice of motion wherefore the same is hereby struck out for being incurably and fatally defective. 3.…

…In light of the matter aforesaid I do find that the application herein is incurably and fatally defective wherefore I hereby strike it out with no orders as to costs.…

…In light of the reasons aforestated I find that the application herein is incurably and fatally defective where I do hereby strike it out with no orders as to costs. It is hereby so ordered.…

…In light of the reasons aforestated I find that the application herein is incurably and fatally defective where I do hereby strike it out with no orders as to costs. 4.…