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Lawrence Njeru Munyi & others v Musa Njau Mithuro [2018] KEELC 92 (KLR)

[2018] KEELC 92 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
92
Citation
[2018] KEELC 92 (KLR)
Decided
19 July 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication to stay execution of order pending appealCoramY.M. ANGIMA
Holding

The application is incompetent and struck out.

Facts

The applicants claimed to have lived on the disputed land for over 50 years and that they had no place to move to if evicted before their appeal was heard. They sought to stay the execution of the order of the Chief Magistrate and costs.

Issues

  1. Incompetence of the appeal application
  2. Lack of pending appeal

Reasoning

The court found the application incompetent because there was no pending appeal and the applicants were not required to have copies of the proceedings and ruling for the appeal.

Outcome

The application is struck out.

Orders

  • The application is struck out.
  • There shall be no order as to 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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