M’ITWAMWARI KAIBUCHI v MUSA MBURUGU MUGAMBI [2009] KEHC 2592 (KLR)
- Court
- High Court of Kenya
- Case number
- 2592
- Citation
- [2009] KEHC 2592 (KLR)
- Decided
- 16 July 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppellant seeks stay of execution of the award of Land Dispute Tribunal Appeals Committee pending the hearing and determination of the application.CoramMARY KASANGO
Holding
The appellant's application is dismissed with costs awarded to the respondent. Orders of stay are discharged.
Facts
The suit property NYAKI/KITHOKA/270 was awarded to the respondent by the Provincial Land Dispute Tribunal. The appellant filed an appeal but the respondent cut down the trees on the property without waiting for the 30-day appeal period.
Issues
- Whether the appellant's application for stay of execution of the award is merited.
- Whether the appellant's appeal was filed out of time and without leave.
Reasoning
The court finds the appellant's application unmerited as the reading of an award is made by the Tribunal, not the magistrate court. The appellant's appeal was filed out of time and without leave.
Outcome
Appeal dismissed
Orders
- Chamber Summons dated 1st August 2007 is hereby dismissed with costs awarded to the respondent.
- Orders of stay that might have been granted previously in this matter are hereby discharged.
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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