National Environment Management Authority v Rumba Kinuthia & another [2021] KEHC 9514 (KLR)
- Court
- High Court of Kenya
- Case number
- 9514
- Citation
- [2021] KEHC 9514 (KLR)
- Decided
- 28 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a stay of execution orderCoramB. Thurana Jaden
Holding
The application for leave to appeal out of time is granted, and the decretal sum is deposited in a joint interest earning bank account or in court within 30 days from the date of the ruling. The appeal must be filed within 14 days from the date of the ruling.
Facts
The National Environment Management Authority (NEMA) sought to appeal a judgment and stay execution of a decree and warrants of attachment.
Issues
- Whether the appeal is timely
- Whether the stay of execution should be granted
Reasoning
The court allowed the appeal due to the applicant's explanation of the delay in filing the appeal and the existence of a similar pending application, but required the decretal sum to be deposited as security.
Outcome
Appeal granted with conditions
Orders
- Deposit decretal sum in a joint interest earning bank account or in court within 30 days
- File appeal within 14 days from the date of the ruling
Remedies
- Deposit of decretal sum as security for the appeal
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Interpretation and General Provisions Act
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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