Kikuvi v Yusuf & 2 others (Civil Application E062 of 2021) [2022] KECA 454 (KLR) (18 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 454
- Citation
- [2022] KECA 454 (KLR)
- Decided
- 18 March 2022
The application is dismissed with costs to the 1st and 2nd respondents only, as the 3rd respondent did not participate in the application.
Facts
The applicant, Jeremiah Musembi Kikuvi, sought rectification and cancellation of the 1st respondent's title over a property known as Lake Kenyatta II Settlement Scheme No. 452, Lamu, on the basis that it was allocated to him in September 2002 after the 1st respondent, Ali Ibido Yusuf, failed to comply with the conditions of allotment. The ELC dismissed the applicant's suit, and the applicant applied for extension of time, which was dismissed due to non-appearance.
Issues
- Reinstatement of the application for extension of time
- Stay of execution of the judgment and subsequent orders of the Environment and Land Court
Reasoning
The application is dismissed because it is out of time and lacks a plausible explanation for the delay. The prayer for stay of execution is also dismissed as the intended appeal is unlikely to be successful.
Outcome
Dismissed
Orders
- Application for reinstatement of the application dismissed
- Application for stay of execution of the judgment and subsequent orders of the Environment and Land Court dismissed
Remedies
- Costs to the 1st and 2nd respondents only
Authorities cited
Cases cited (1)
- Ngugi vs. Thogo (Civil Application No.372 of 2018) [2021] KECA 88 (KLR)(civ)(22 October 2021)(Ruling)
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