Rose Ndunge Masila & another v Lukenya Ranching & Farming Cooperative Society Limited & another [2022] KEELC 1685 (KLR)
- Court
- Environment & Land Court
- Case number
- 1685
- Citation
- [2022] KEELC 1685 (KLR)
- Decided
- 7 February 2022
The court dismissed the application to reinstate the appeal and grant a stay of execution, finding that the appellants had not demonstrated how they were following up on their case and had exhibited inordinate delay.
Facts
The appellants sought to reinstate an appeal against a decision of the Cooperative Tribunal, alleging that their erstwhile advocates failed to inform them of the progress of the appeal. The respondents opposed the application, arguing that the appellants had lost interest in the matter.
Issues
- Whether the appeal should be reinstated
- Whether the court should grant a stay of execution of the award and resultant decree of the Cooperative Tribunal
Reasoning
The court ruled that the dismissal of the appeal for want of prosecution was procedurally sound and that the appellants had not provided sufficient reasons to justify reinstating the appeal. The court also noted that the appellants had not provided an affidavit of service from their previous counsel.
Outcome
Appeal dismissed
Orders
- Application to reinstate appeal dismissed
- Stay of execution of the award and decree of the Cooperative Tribunal not granted
Authorities cited
Cases cited (3)
- Civil Procedure Act
- MWK Vs AMW (2016) eKLR
- Bilha Ngony Isaack Vs Kembu Farm Limited & Another Civil Appeal No. 145 of 2014
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