Ongaga v Mirambo & 2 others (Civil Application E279 of 2023) [2025] KECA 645 (KLR) (4 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 645
- Citation
- [2025] KECA 645 (KLR)
- Decided
- 4 April 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution from the judgment of the Environment and Land CourtCoramH. A. OMONDI, F. TUIYOTT, L. KIMARU
Holding
The application is dismissed with no orders as to costs.
Facts
The applicant, Wilfred Morara Ongaga, sought an order of stay of execution of the judgment and decree of the Environment and Land Court, claiming that the respondents were in the process of evicting him from the suit parcel of land. The 1st respondent, Joseph Ondicho Mirambo, denied demolishing any property of the applicant.
Issues
- Whether the applicant has the right to invoke the Court of Appeal's jurisdiction under Rule 5(2) of the Court of Appeal Rules.
- Whether there was a decision made by the Environment and Land Court, Nyamira, capable of being stayed by this Court.
Reasoning
The applicant is acting in person and the 1st respondent's counsel did not place the proper facts and pleadings before the Court, rendering the application neither filed, prosecuted nor resisted with the seriousness and diligence it deserved.
Outcome
Dismissed
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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