[2023] KEELC 19109 (KLR)
The court found that the applicants had properly served the application and satisfied the requirements for leave to appeal, stay of execution, and change of advocates. The absence of opposition and the need to preserve the status quo pending appeal justified granting the orders sought. The court allowed the...
Source-derived case information.
- Citation
- [2023] KEELC 19109 (KLR)
- Parties
- Applicant: Sarah Wanjiku Kinuthia; Applicant: Embakasi Ranching Co Ltd; Respondent: Anab Kassim (Suing as the Personal Representative of the Estate of Mohamed Abdi Ali – Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E011 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Stay and Leave to Appeal
- Outcome
- application allowed
- Judges
- LN Mbugua
- Legal Topics
- Stay of Execution, Leave to Appeal, Change of Advocates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Wanjiku Kinuthia
Applicant
Embakasi Ranching Co Ltd
Applicant
Anab Kassim (Suing as the Personal Representative of the Estate of Mohamed Abdi Ali – Deceased)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Stay and Leave to Appeal
Legal Issues
- 1 Whether the applicants should be granted leave to appeal against the judgment of the subordinate court.
- 2 Whether a stay of execution of the subordinate court's judgment should be granted pending the filing of the appeal.
- 3 Whether the applicants' new advocates should be allowed to come on record.
Ratio Decidendi
The court found that the applicants had properly served the application and satisfied the requirements for leave to appeal, stay of execution, and change of advocates. The absence of opposition and the need to preserve the status quo pending appeal justified granting the orders sought. The court allowed the application, ordered that the appeal be filed and served within 14 days, permitted the new advocates to come on record, and granted a stay of the subordinate court's judgment until the appeal is filed. Non-compliance with these orders would result in the lapse of leave to appeal.
Court Disposition
application allowed
Orders
- The appeal shall be filed and served within 14 days from the date of the ruling.
- The new advocates J & J are allowed to come on record.
Full Case Text
Judgment text and source record
18 paragraphs
Kinuthia & another v Kassim (Suing as the Personal Representative of the Estate of Mohamed Abdi Ali – Deceased) (Environment & Land Miscellaneous Case E011 of 2023) [2023] KEELC 19109 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEELC 19109 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Miscellaneous Case E011 of 2023
LN Mbugua, J
July 27, 2023
Between
Sarah Wanjiku Kinuthia
1st Applicant
Embakasi Ranching Co Ltd
2nd Applicant
and
Anab Kassim (Suing as the Personal Representative of the Estate of Mohamed Abdi Ali – Deceased)
Respondent
Ruling
1. I have perused the application dated 14. 7.2023 and the annexures therein. I also find that service was effected. The application is allowed in the following terms.1. That the Appeal shall be filed /served within 14 days from today.2. That the new advocates J & J are allowed to come on record.3. There shall be a stay of the Judgment of the subordinate court until the Appeal is filed.4. That in the event of none compliance with the orders given herein, the leave to appeal shall lapse.5. This file is now marked as closed.6. A copy of these order is to be availed to the applicant.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 27TH DAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE