Kashaa v Tonkei (Environment and Land Case 44 of 2020) [2026] KEELC 2625 (KLR) (30 April 2026) (Ruling)

Kashaa v Tonkei (Environment and Land Case 44 of 2020) [2026] KEELC 2625 (KLR) (30 April 2026) (Ruling)

The court found that the applicant's delay was attributable to medically documented incapacity, and in the absence of cogent rebuttal, exercised discretion to enlarge time for filing a reference and granted stay of execution pending determination of the reference.

Citation
[2026] KEELC 2625 (KLR)
Parties
Plaintiff/respondent: Ntipapa Ole Kashaa; Defendant/applicant: Oloibor Ole Tonkei
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Environment and Land Case 44 of 2020
Procedural Posture
Originating Summons / Post Judgment Application for Leave and Stay
Outcome
application allowed in part
Legal Topics
Extension of Time, Stay of Execution, Party and Party Bill of Costs, Leave to Change Advocates
Source Language
English
Civil Procedure Taxation of Costs Advocate Remuneration Extension of Time Stay of Execution Party and Party Bill of Costs Leave to Change Advocates

Case Brief

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Parties

Ntipapa Ole Kashaa

Plaintiff/respondent

Oloibor Ole Tonkei

Defendant/applicant

Procedural Posture

Originating Summons / Post Judgment Application for Leave and Stay

Legal Issues

  1. 1 Whether the applicant is entitled to enlargement of time to file a reference out of time
  2. 2 Whether the applicant has met the threshold for grant of stay of execution of the taxation ruling
  3. 3 Who should bear the costs of the application

Ratio Decidendi

The court found that the applicant's delay was attributable to medically documented incapacity, and in the absence of cogent rebuttal, exercised discretion to enlarge time for filing a reference and granted stay of execution pending determination of the reference.

Court Disposition

application allowed in part

Orders

  • Leave granted to Sakimpa & Partners Advocates to come on record for the applicant/defendant.
  • Leave granted to file and serve notice of objection within 14 days of uploading of ruling on the E filing system.