Namawa v Saratuki (Civil Application E033 of 2025) [2025] KECA 1419 (KLR) (30 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1419
- Citation
- [2025] KECA 1419 (KLR)
- Decided
- 30 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to appeal out of time and stay of judgmentCoramLK KIMARU
Holding
The Court of Appeal directs the Deputy Registrar to fix the application for hearing before a fully constituted bench of the Court.
Facts
The applicant, Jane Nasimiyu Wamawa, seeks to appeal a judgment from the Environment and Land Court of Kenya at Bungoma, dated 7th November, 2024, in ELC No. E001 of 2024.
Issues
- Whether the Court of Appeal has jurisdiction to hear the application
- Whether the application should be granted to stay the judgment of the Environment and Land Court of Kenya
Reasoning
The Court of Appeal ruled that the jurisdiction to hear the application is only by a full bench of the Court and not by a single Judge.
Outcome
The application for leave to appeal out of time and stay of judgment is granted.
Orders
- The Deputy Registrar is directed to fix the application for hearing before a fully constituted bench of the Court.
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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