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Samson Chirume & 3 others v Joseph Sulubu [2015] KEELC 609 (KLR)

[2015] KEELC 609 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
609
Citation
[2015] KEELC 609 (KLR)
Decided
20 March 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants seek leave to appeal out of time and a stay of execution pending the hearing and determination of the appeal.CoramO. A. Angote
Holding

The Appellants are not entitled to leave to appeal out of time and the application is dismissed.

Facts

The Appellants were evicted from the suit property by the lower court based on a decision of the Minister for Lands. The Appellants did not file an appeal against the Minister's decision or the Magistrate's decision.

Issues

  1. Whether the Appellants are entitled to leave to appeal out of time.
  2. Whether the Appellants are entitled to a stay of execution pending the appeal.

Reasoning

The Appellants did not file an appeal against the decision of the Minister and the lower court was just enforcing the Minister's decision. The Appellants' attitude towards their rights is not justified.

Outcome

Application dismissed.

Orders

  • Application dismissed with costs.

Authorities cited

Cases cited (1)
  • Nicholas Kiptoo Arap Korir Salat Vs IEBC & 7 others Supreme Court Application Number 16 of 2014
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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