Benjamin Kibor Mining & another v Veronica C. Serem [2019] KEHC 488 (KLR)
- Court
- High Court of Kenya
- Case number
- 488
- Citation
- [2019] KEHC 488 (KLR)
- Decided
- 5 December 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a lower court ruling on applications for conservatory orders and stay of executionCoramOLGA SEWE
Holding
The 2nd application for leave to file an appeal is dismissed with costs, and the appeal is struck out as incompetent for being filed out of time without leave.
Facts
The appellants, Benjamin Kibor Mining and Stephen Kipkorir Maiyo, filed applications for conservatory orders and stay of execution due to the respondent's actions after the lower court's ruling. The appellants claimed the respondent was likely to demolish their houses and structures on the Suit Property.
Issues
- Whether the lower court's ruling was valid
- Whether the appellants' applications for conservatory orders and stay of execution were timely
Reasoning
The court found the delay in filing the appeal to be inordinate and unjustified, and the respondent would be prejudiced by further delay.
Outcome
The 2nd application is dismissed with costs, and the appeal is struck out.
Orders
- 2nd application for leave to file an appeal dismissed with costs
- Appeal struck out with costs
- Costs awarded to the respondent
Remedies
- Conservatory orders and stay of execution not granted
Authorities cited
Legislation (4)
- Section 3A of the Civil Procedure Act
- Order 22 Rule 52 and Order 51 Rule 1 of the Civil Procedure Rules
- Order 42 Rule 6(2) of the Civil Procedure Rules
- Rule 73 of the Probate and Administration Rules
Cases cited (1)
- Kevin K. Mwiti & Others vs. Kenya School of Law & Others
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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