Tallam v Rotich & another (Suing as the Administrator of the Estate of David Rotich –Deceased) & another (Environment and Land Appeal E044 of 2022) [2023] KEELC 19859 (KLR) (20 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 19859
- Citation
- [2023] KEELC 19859 (KLR)
- Decided
- 20 September 2023
Summary at a glance
TypeLand Dispute AppealPostureAppellant seeks stay of proceedings and ordersCoramCockar Ag, Gicheru, Gikonyo, JM ONYANGO
The court dismissed the application for stay of the dismissal order as it was an abuse of process.
Facts
The appellant's suit was dismissed for want of prosecution on November 9, 2022, and the appellant sought an appeal and stay of the dismissal order.
Issues
- Whether the order of dismissal for want of prosecution should be stayed pending appeal.
- Whether the proceedings in CM ELC Misc Application No 38 of 2023 should be stayed pending the appeal.
Reasoning
The court found that the dismissal order was negative and could not be executed, and the applicant failed to meet the conditions for a stay of execution as per Order 42 Rule 6 of the Civil Procedure Rules.
Outcome
Application for stay of dismissal order dismissed
Orders
- Application for stay of dismissal order dismissed
Authorities cited
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