Cheruiyot Chepkwony alias Mapengo v Sarah Chesiele Barta & another [2015] KEELC 412 (KLR)
- Court
- Environment & Land Court
- Case number
- 412
- Citation
- [2015] KEELC 412 (KLR)
- Decided
- 29 May 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for extension of time to file record of appeal out of time; application for stay of execution of judgment; extension of time to file record of appeal purview of court of appealCoramMUNYAO SILA
Holding
The application is dismissed with costs.
Facts
The plaintiff filed an Originating Summons seeking to be declared owner of 2 acres of land out of the Kericho/Kimulot/514 parcel through adverse possession. The suit was dismissed on August 3, 2009, due to a previous suit. A notice of appeal was filed by the plaintiff, but the suit property was later sub-divided.
Issues
- extension of time to file record of appeal out of time
- stay of execution pending appeal
Reasoning
The court found no merit in the application as the suit property had already been sub-divided and the issue had been decided in a previous suit. The court lacks jurisdiction to extend time for filing the record of appeal to the Court of Appeal.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Appellate Jurisdiction Act
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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