Imbisi v Akhura & 2 others (Civil Appeal (Application) E248 of 2024) [2025] KECA 719 (KLR) (25 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 719
- Citation
- [2025] KECA 719 (KLR)
- Decided
- 25 April 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for enlargement of time to file stay of executionCoramHA OMONDI, J., Ngugi, J.
Holding
The application is dismissed with costs to the 1st respondent
Facts
Adriano Muhandachi Imbisi filed a suit at the Environment and Law Court seeking cancellation of Peter Shikunzi Akhura as the proprietor of a parcel of land and orders for registration in his name. The 1st respondent filed a separate suit seeking eviction and injunction. The two suits were consolidated and dismissed by Ohungo J.
Issues
- Whether the applicant can file an application for stay of execution out of time
- Whether the applicant can file an application for stay of execution out of time
Reasoning
The applicant seeks to file an application for stay of execution out of time, but the court finds that the applicant is pursuing a procedure that is not known in law and is hopelessly misplaced in law.
Outcome
Application 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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