Nthenge v Mulwa & 3 others (Environment and Land Miscellaneous Application E057 of 2025) [2025] KEELC 5710 (KLR) (31 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5710
- Citation
- [2025] KEELC 5710 (KLR)
- Decided
- 31 July 2025
Summary at a glance
TypeMiscellaneous ApplicationPostureAppeal and Application for Stay of ExecutionCoramN.A. MATHEKA
The application is granted with conditions, including the filing of an appeal within 30 days and provision of costs.
Facts
The applicant, Muthama Nthenge, was sued by the 1st respondent, Peter Kioko Mulwa, in ELC Case No. 751 of 2017 at the Chief Magistrate's Court at Machakos. The suit proceeded without the applicant's presence due to his ill health and subsequent memory loss.
Issues
- Certification of the application as extremely urgent
- Leave to file an appeal out of time
- Stay of execution of the judgment and decree pending the hearing and determination of the application and appeal
Reasoning
The court finds the application merited due to the applicant's health constraints and inability to participate in the proceedings, but not guilty of inordinate delay.
Outcome
The application is granted with conditions.
Orders
- Grant leave to file an appeal out of time
- Grant stay of execution of the judgment and decree pending the hearing and determination of the application and appeal
- Grant costs of the application
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