Republic v Commissioner of Lands & 2 others Ex-Parte Edward Lenjo Musamuli & 5 others [2015] KEHC 6536 (KLR)
- Court
- High Court of Kenya
- Case number
- 6536
- Citation
- [2015] KEHC 6536 (KLR)
- Decided
- 11 February 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Orders of Certiorari, Prohibition and MandamusPostureApplication granted in part, denied in partCoramA. OMOLLO
Holding
The application is dismissed in part and granted in part.
Facts
The applicants sought orders to set aside a warrant of attachment, stay execution, and grant leave to file a reference. They claimed they were not notified of the ruling and were denied a chance to file a reference.
Issues
- Setting aside warrants of attachment
- Stay of execution
- Leave to file reference out of time
Reasoning
The court found the application lacking in merit for setting aside the warrants and denied the stay of execution. The court granted leave to file a reference out of time.
Outcome
Application succeeded only in respect of granting leave to file a reference within 7 days of the ruling.
Orders
- Warrant of attachment issued to the respondent be set aside
- Stay of execution be granted
- Leave to file reference be granted
Remedies
- Leave to file reference within 7 days of the ruling
Authorities cited
Legislation (4)
- Remunerations Order
- Civil Procedure Act
- Land (Group Representatives) Act
- Land Adjudication Act
Cases cited (5)
- Patel vs E.A. Cargo Handling (1975) EA 75
- Shah vs Mbogo (1967) EA 75
- Nyamogo & Nyamogo Advocates vs Mwangi EALR (2008)
- William Muthee Muthami vs Bank of Baroda (K) Ltd. (2007)
- Francis Kaba vs Nancy Wambui & another (2014)
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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