Mugambi (Suing in a Personal Capacity and also as an Administrator of the Estate of the Late Julius Muringi Mugambi - Deceased) & 3 others v Hosea & 4 others (Civil Appeal (Application) E182 of 2024) [2025] KECA 998 (KLR) (2 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 998
- Citation
- [2025] KECA 998 (KLR)
- Decided
- 2 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution from the Judgment and Decree of the Environment and Land Court of KenyaCoramJ. LESIIT, ALI – ARONI, G. V. ODUNGA
Holding
The application is dismissed with costs to the respondents as there are no arguable grounds of appeal.
Facts
The applicants claim to have lived on the disputed land for many years and built their homes there. The respondents attempted to put up a new fence without consulting a surveyor, leading to a dispute and the filing of a suit.
Issues
- Whether the applicants have an arguable appeal against the judgment and decree
- Whether the application for stay of execution is justifiable
Reasoning
The court found that the applicants did not demonstrate an arguable appeal and that the execution process of the decree was on course with voluntary steps taken by the 2nd and 3rd applicants.
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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