Jeptoo & another v Tarus & 2 others (Miscellaneous Civil Application E008 of 2024) [2026] KEHC 4691 (KLR) (9 April 2026) (Ruling)

Jeptoo & another v Tarus & 2 others (Miscellaneous Civil Application E008 of 2024) [2026] KEHC 4691 (KLR) (9 April 2026) (Ruling)

The delay in filing appeal was explained and not disputed; leave to appeal out of time is granted as the appeal is arguable and not frivolous. Stay of execution is necessary to preserve the suit property pending appeal and prevent the appeal from being rendered nugatory.

Citation
[2026] KEHC 4691 (KLR)
Parties
1st Applicant: Zanura Jeptoo; 2nd Applicant: Zakia Jepkosgei; 1st Respondent: Mahamoud Chemwor Tarus; 2nd Respondent: The Land Registrar, Nandi; 3rd Respondent: The Hon. Attorney General
Court
High Court
Jurisdiction
Kenya
Judgment Date
9 April 2026
Case Number
Miscellaneous Civil Application E008 of 2024
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
Application granted
Legal Topics
Extension of Time, Stay of Execution, Appeals, Jurisdiction of Kadhis Court, Ex Parte Judgment
Source Language
English
Civil Procedure Succession Law Land Law Extension of Time Stay of Execution Appeals Jurisdiction of Kadhis Court Ex Parte Judgment

Case Brief

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Parties

Zanura Jeptoo

1st Applicant

Zakia Jepkosgei

2nd Applicant

Mahamoud Chemwor Tarus

1st Respondent

The Land Registrar, Nandi

2nd Respondent

The Hon. Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

  1. 1 Whether leave should be granted to file appeal out of time against Kadhis Court judgment
  2. 2 Whether stay of execution pending appeal should be granted
  3. 3 Whether the Kadhis Court had jurisdiction over the suit property

Ratio Decidendi

The delay in filing appeal was explained and not disputed; leave to appeal out of time is granted as the appeal is arguable and not frivolous. Stay of execution is necessary to preserve the suit property pending appeal and prevent the appeal from being rendered nugatory.

Court Disposition

Application granted

Orders

  • Leave to file appeal out of time is granted; draft memorandum of appeal deemed filed within time.
  • Stay of execution of Kadhis Court judgment pending appeal is granted; status quo order to preserve suit property maintained.