Gathungu (Suing as the Personal Representative of the Estate of Newton Gathungu Kibuchi) v Embakasi Ranching Company Limited & 3 others (Civil Appeal (Application) E689 of 2025) [2025] KECA 2321 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2321
- Citation
- [2025] KECA 2321 (KLR)
- Decided
- 19 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of proceedings pending the hearing and determination of the appealCoramD. K. MUSINGA, JOEL NGUGI, G. V. ODUNGA
Holding
The application is dismissed with costs to the respondents
Facts
The applicant sought leave to file additional documents from the Environment and Land Court, including computation files and authentication slips from Survey of Kenya maps, but the trial court dismissed the application due to lack of explanation and non-annexation of documents.
Issues
- Whether the appeal is arguable and has high chances of success
- Whether the applicant will suffer prejudice if the stay is granted
Reasoning
The court formulates a dim view of the prospects of the appeal and finds no exceptional circumstances warranting a stay. The proceedings are still in their infancy, and the appeal in the High Court may well be determined.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- David Morton Silverstein v Atsango Chesoni (2002) 1 KLR 867; 2002 EA 296
- Halsbury's Laws of England, 4th Edn. Vol. 37 page 330 and 332
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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