Republic v Minister for Lands and Housing & another; Kibor (Interested Party); Koilege (Ex parte Applicant) (Miscellaneous Civil Application E005 of 2025) [2026] KEELC 1105 (KLR) (26 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1105
- Citation
- [2026] KEELC 1105 (KLR)
- Decided
- 26 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondents appealed the judgment of the High Court, and the applicant sought leave to appeal and stay of execution.CoramL. N. WAITHAKA
Holding
The application is not res judicata, the applicant has locus standi, and the application is not bad in law.
Facts
The applicant sought to appeal a judgment from the High Court, and the original applicant had died. The suit had been heard and determined in 2012.
Issues
- Whether the application is res judicata
- Whether the applicant has locus standi to file and prosecute the application
- Whether the application is bad in law for being filed by a firm of advocates not properly on record
Reasoning
The court considered the grounds for the application and found that the issues raised require review before a decision can be made.
Outcome
The application is not dismissed.
Orders
- Leave to file appeal granted
- Stay of execution of the decree pending the filing, hearing, and final determination of the application
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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