Wanjiru & 4 others v Igamba (Sued as the administrator of the Estate of the Late Peter Igamba Njoroge) & another (Environment and Land Appeal 279 of 2016) [2023] KEELC 16076 (KLR) (2 March 2023) (Ruling)

Summary at a glance

Facts

The Plaintiffs are seeking to appeal a judgment and decree in Nakuru ELC No. 279 of 2016, and also seek a stay of execution of the judgment and decree pending the appeal.

Issues

• Whether the court should grant orders of stay of execution of the Judgment and decree in Nakuru ELC 279 of 2016.
• Whether the court should enlarge time within which to file an Appeal against the Judgment and decree in Nakuru ELC 279 of 2016.

Reasoning

The court considered the purpose of an order of stay of execution pending appeal and the principles guiding the grant of a stay of execution pending appeal. The court found that the application was made without unreasonable delay and granted the stay.

Outcome

The application is allowed.

Orders

• Leave is hereby granted to the 1st Defendant/Applicant to file an Appeal out of time.
• The Memorandum of Appeal shall be filed and served within 10 days from the date hereof.
• In default of (b) above, the orders for leave in (a) shall stand vacated.
• The costs of this application shall be in cause.

Remedies

• Stay of execution of the Judgment and decree in Nakuru ELC 279 of 2016.
• Extension of time to file an Appeal against the Judgment and decree in Nakuru ELC 279 of 2016.

Authorities cited