Obunga & another v Owiti (Miscellaneous Civil Application E014 of 2023) [2024] KEELC 4840 (KLR) (19 June 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4840
- Citation
- [2024] KEELC 4840 (KLR)
- Decided
- 19 June 2024
The court finds no merit in the application and dismisses it with costs to the respondent.
Facts
The applicants sought to appeal a judgment from the lower court, but filed the appeal 2 years after the judgment was delivered. They claimed dissatisfaction with the judgment and offered to pay the respondent Kshs. 500,000 to abandon the appeal. The respondent disputed the applicants' claim and alleged that the applicants had agreed to sell a portion of the land to Elsa Ayugi Ouko, who later claimed to have made a commitment to pay the applicants Kshs. 500,000.
Issues
- Whether the applicants have shown sufficient cause to extend the time to file an appeal
- Whether the applicants are entitled to a stay of execution pending the appeal
Reasoning
The court ruled that the applicants' delay in filing the appeal was inordinate and that they failed to provide sufficient cause for an extension of time. The application for a stay of execution was also dismissed as the applicants had no appeal or intended appeal.
Outcome
Application dismissed with costs
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