Gichiriro & another v Nyoro Construction Company Ltd & another (Environment and Land Miscellaneous Case E002 of 2025) [2026] KEELC 2109 (KLR) (20 April 2026) (Ruling)

Gichiriro & another v Nyoro Construction Company Ltd & another (Environment and Land Miscellaneous Case E002 of 2025) [2026] KEELC 2109 (KLR) (20 April 2026) (Ruling)

The motion is not properly before the court as it is not anchored on any appeal, and the Applicants have not provided a satisfactory reason for delay in filing an appeal. The Applicants failed to take up the opportunity to show cause and account for the proceeds of execution, and the application is dismissed for lack of merit.

Citation
[2026] KEELC 2109 (KLR)
Parties
1st Applicant: Humprey Kimari Gichiriro; 2nd Applicant: James Githiga Kimani t/a Githiga Kimani & Co. Advocates; 1st Respondent: Nyoro Construction Company Ltd; 2nd Respondent: Peter W. Mwangi t/a Thames Traders Auctioneers
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
20 April 2026
Case Number
Environment and Land Miscellaneous Case E002 of 2025
Procedural Posture
Notice of Motion (miscellaneous Application) / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
Outcome
Application dismissed with costs to the 1st Respondent.
Legal Topics
Stay of Execution, Leave to Appeal Out of Time, Contempt Proceedings, Proper Institution of Suit
Source Language
English
Civil Procedure Contempt of Court Execution of Judgments Stay of Execution Leave to Appeal Out of Time Contempt Proceedings Proper Institution of Suit

Case Brief

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Parties

Humprey Kimari Gichiriro

1st Applicant

James Githiga Kimani t/a Githiga Kimani & Co. Advocates

2nd Applicant

Nyoro Construction Company Ltd

1st Respondent

Peter W. Mwangi t/a Thames Traders Auctioneers

2nd Respondent

Procedural Posture

Notice of Motion (miscellaneous Application) / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the Applicants were given a fair hearing in the trial court
  2. 2 Whether the Applicants took up the opportunity to show cause
  3. 3 Whether the motion is properly before the court

Ratio Decidendi

The motion is not properly before the court as it is not anchored on any appeal, and the Applicants have not provided a satisfactory reason for delay in filing an appeal. The Applicants failed to take up the opportunity to show cause and account for the proceeds of execution, and the application is dismissed for lack of merit.

Court Disposition

Application dismissed with costs to the 1st Respondent.

Orders

  • Motion dated 4-12-2025 dismissed with costs to the 1st Respondent.