Swafiya Abdall & another v Bahati Temo & 6 others [2019] KECA 959 (KLR)
- Court
- Court of Appeal
- Case number
- 959
- Citation
- [2019] KECA 959 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling of the Environment and Land Court of KenyaCoramALNASHIR VISRAM, W. KARANJA, F. SICHALE
Holding
The notice of appeal is struck out, and the motion for stay of execution is dismissed.
Facts
Applicants filed a Notice of Motion seeking to strike out a notice of appeal and a notice of motion application. Respondents filed a notice of appeal and an application for stay of execution.
Issues
- Whether the notice of appeal was properly served
- Whether the court has jurisdiction to entertain the motion for stay of execution
Reasoning
The court found that the notice of appeal was not properly served within the required time frame and that the respondents did not take part in the proceedings in the superior court.
Outcome
Appeal dismissed
Orders
- Notice of appeal in Civil Application No. 82 of 2018 is struck out
- Motion for stay of execution in Civil Application No. 55 of 2018 is dismissed
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Constitution of Kenya 2010
Cases cited (2)
- NICHOLAS KIPTOO ARAP KORIR SALAT VS INDEPENDENT AND BOUNDARIES COMMISSION & 7 OTHERS [2014] eKLR
- METABOTHA VS KENYA & 2 OTHERS [2013] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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