Mwangi v Muraguri & another (Environment and Land Miscellaneous Case E004 of 2025) [2025] KEELC 18365 (KLR) (17 December 2025) (Ruling)

Mwangi v Muraguri & another (Environment and Land Miscellaneous Case E004 of 2025) [2025] KEELC 18365 (KLR) (17 December 2025) (Ruling)

The applicant failed to sufficiently explain the delay in filing the appeal and did not demonstrate non-participation in the lower court proceedings; therefore, the application for stay of execution and leave to appeal out of time is dismissed.

Citation
[2025] KEELC 18365 (KLR)
Parties
Plaintiff/applicant: Joseph Kiiru Mwangi; 1st Defendant/respondent: John Kimari Muraguri; 2nd Defendant/respondent: Nyandarua County Land Registrar
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
17 December 2025
Case Number
Environment and Land Miscellaneous Case E004 of 2025
Procedural Posture
Miscellaneous Application Environment and Land Court / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
Outcome
Application dismissed
Legal Topics
Stay of Execution, Extension of Time to Appeal, Security for Costs
Source Language
English
Civil Procedure Land Law Stay of Execution Extension of Time to Appeal Security for Costs

Case Brief

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Parties

Joseph Kiiru Mwangi

Plaintiff/applicant

John Kimari Muraguri

1st Defendant/respondent

Nyandarua County Land Registrar

2nd Defendant/respondent

Procedural Posture

Miscellaneous Application Environment and Land Court / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted stay of execution of judgment and decree pending appeal
  2. 2 Whether the applicant should be granted leave to appeal out of time

Ratio Decidendi

The applicant failed to sufficiently explain the delay in filing the appeal and did not demonstrate non-participation in the lower court proceedings; therefore, the application for stay of execution and leave to appeal out of time is dismissed.

Court Disposition

Application dismissed

Orders

  • Application dated 10/5/2025 is dismissed
  • No order as to costs