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Thirimbi alias Karinguri v Thimangu & another (Environment and Land Appeal E002 of 2022) [2024] KEELC 5786 (KLR) (24 July 2024) (Ruling)

[2024] KEELC 5786 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
5786
Citation
[2024] KEELC 5786 (KLR)
Decided
24 July 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land AppealPostureApplication to refund security moneyCoramCK NZILI
Holding

The application is struck out as the new law firm has failed to follow the procedure and lacks locus standi.

Facts

The applicant, Thirimbi alias Karinguri, had deposited Kshs.100,000 as security. The appeal was determined in his favor on 30.3.2024. He needs the money to engage an advocate for the appeal filed by the respondents at the Court of Appeal.

Issues

  1. Whether the application to refund the security money is premature due to the pending appeal.
  2. Whether the new law firm has the legal standing to move the court on behalf of the applicant.

Reasoning

The court ruled that the application is premature due to the pending appeal and the new law firm has not properly come on record, thus lacking legal standing.

Outcome

The application is struck out.

Orders

  • The application is struck out.
  • The security money shall be released to the depositor.
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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