Waithaka v Gatumbi (Environment and Land Miscellaneous Case E066 of 2024) [2025] KEELC 5348 (KLR) (15 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5348
- Citation
- [2025] KEELC 5348 (KLR)
- Decided
- 15 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal Out of TimeCoramJM ONYANGO
Holding
The application is dismissed as the Applicant lacks locus standi to appeal against the decision of the lower court.
Facts
The Applicant is the widow of Michael Waithaka Gatumbi and Administrator of his estate. The Respondent is the legal owner of the suit land, which was inherited by the deceased from the Estate of Gatumbi Waithaka.
Issues
- Whether the court should grant the Applicant leave to file an appeal out of time against the Judgment dated 15th November 2023.
- Whether the court should issue an order for stay of execution of the Judgment entered on 15th November 2023 pending the hearing and determination of this Appeal.
Reasoning
The court finds that the Applicant or her late husband were not parties to the suit at the lower court and neither has she sought leave to appeal against the said decision, thus lacking locus standi to appeal.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Dispute Tribunal Act
Cases cited (2)
- County Executive of Kisumu v County Government of Kisumu and 8 Others [2017] eKLR
- Attorney General vs Bala (Civil Appeal 223 of 2017) [2023] KEHC 104 (KLR)
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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