Obonyo v Okech (Environment and Land Appeal E043 of 2024) [2025] KEELC 5582 (KLR) (24 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5582
- Citation
- [2025] KEELC 5582 (KLR)
- Decided
- 24 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks stay of execution of the judgment of the trial court and leave to appeal out of time.CoramAE DENA
Holding
The court will not grant leave to appeal out of time due to the applicant's lack of diligence and failure to follow up on his case.
Facts
The appellant became aware of the judgment on June 20, 2024, after being served with a copy of the advertisement and public auction documents. He claims errors by his previous legal counsel and illness in August 2024 caused financial hardship.
Issues
- Whether leave should be granted to appeal out of time.
- Whether the applicant's reasons for delay are sufficient and credible.
Reasoning
The court found the applicant to be indolent and did not provide sufficient and credible reasons for the delay. The court exercised its discretion against granting leave to appeal out of time.
Outcome
The application for stay of execution of the judgment of the trial court is denied.
Orders
- The application for stay of execution of the judgment of the trial court is denied.
Authorities cited
Legislation (1)
- Section 79G of the Civil Procedure
Cases cited (2)
- Wachira Karani v Bildad Wachira [2016] eKLR
- Alice Mumbi Nganga v Danson Chege Nganga & Another [2014] eKLR
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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