M’Ebai Gatulukume v Joseph Maingi M’imathiu [2019] KEELC 4699 (KLR)
- Court
- Environment & Land Court
- Case number
- 4699
- Citation
- [2019] KEELC 4699 (KLR)
- Decided
- 13 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment of the lower courtCoramHON. LUCY. N. MBUGUA, C/A: Kananu, Miss Nyaga for appellant
Holding
The appeal is dismissed and the suit is marked as abated. The orders of stay of execution are discharged, and the lower court file is to be remitted back to the lower court.
Facts
The appellant died, and the court allowed the substitution of a legal representative. The appeal was filed but never heard due to delays and the death of the legal representative. The appellant's estate was granted a stay of execution, which has not been vacated.
Issues
- Abatement of the appeal due to non-compliance with court orders
- Legal mandate of the person giving instructions on negotiations
Reasoning
The court found that the appeal has been inactive for over three years due to delays and the death of legal representatives, and there is no plausible reason for the matter to be active.
Outcome
Abatement of the appeal and dismissal of the suit
Orders
- The suit is marked as abated
- The orders of stay of execution are discharged
- The lower court file is to be remitted back to the lower court
- This appeal file is marked as CLOSED and is to be taken to the archives
Remedies
- Respondent is awarded costs of the suit
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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