Murkomen Yano & another (Kakibigen Clan) v Gabriel Kilimo & another (Kartur Clan) [2017] KEELC 893 (KLR)
- Court
- Environment & Land Court
- Case number
- 893
- Citation
- [2017] KEELC 893 (KLR)
- Decided
- 6 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for stay of execution of award pending appealCoramA. OMBWAYO
Holding
The application for stay of execution pending appeal is dismissed with costs.
Facts
Marakwet Land Disputes Tribunal made an award on 21.7.2005, which was adopted as a judgment of the court on 12.11.2008. The land was awarded to Kartur clan, and the applicants failed to appeal within the required time.
Issues
- Whether the applicants have a meritorious appeal
- Whether the delay in appealing is excusable
- Whether the application for stay of execution pending appeal is tenable
Reasoning
The delay in appealing was inordinate and inexcusable, and no proper explanation was provided. The applicants failed to appeal within the required time, and the applicants' lawyers were not to blame for the delay.
Outcome
Dismissed
Orders
- Application for stay of execution pending appeal dismissed with costs
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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