[2019] KEHC 9363 (KLR)
The court found that the underlying claim was over land, and therefore the applicant ought to have filed the matter in the Environment and Land Court, not the ordinary civil court. As such, the application for extension of time and stay of execution was dismissed for want of jurisdiction. The court also noted that...
Source-derived case information.
- Citation
- [2019] KEHC 9363 (KLR)
- Parties
- Applicant: Timothy Marete; Respondent: Edward M’Ibiri; Respondent: Agatha Wanjiru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 138 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Enlarge Time for Appeal and for Stay of Execution
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Stay of Execution, Jurisdiction, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Marete
Applicant
Edward M’Ibiri
Respondent
Agatha Wanjiru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Enlarge Time for Appeal and for Stay of Execution
Legal Issues
- 1 Whether the applicant should be granted extension of time to file an appeal.
- 2 Whether stay of execution of the judgment in Meru CMCC C. No. 407 of 2013 should be granted.
- 3 Whether the trial court had jurisdiction over the subject matter.
Ratio Decidendi
The court found that the underlying claim was over land, and therefore the applicant ought to have filed the matter in the Environment and Land Court, not the ordinary civil court. As such, the application for extension of time and stay of execution was dismissed for want of jurisdiction. The court also noted that the respondents did not appear, and thus made no order as to costs.
Court Disposition
application dismissed
Orders
- The application dated 13th November 2018 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLANEOUS CASE NO. 138 OF 2018
TIMOTHY MARETE .....................................................................APPLICANT
VERSUS
EDWARD M’IBIRI
AGATHA WANJIRU...................................................................RESPONDENT
RULING
Application dated 13th November 2018 sought that time for filing appeal be enlarged and the Memorandum of appeal annexed is deemed as having been properly filed.
The applicant also sought stay of execution orders of the judgement in Meru CMCC C. No. 407 of 2013 delivered on 17th October 2018 pending hearing and determination of application inter-partes and hearing and determination of appeal.
Among grounds supporting application are that applicant had arguable appeal with high chances of success. It was argued that Respondents had threatened to demolish the applicant’s houses and fence off the suit land. It was applicant’s argument that he stands to suffer irreparable loss and damage.
The application was supported by affidavit of Timothy Marete. Upon Perusal of the trial courts file No. 497 of 2013 which was availed long after date for ruling had passed, I did establish that same having been claim over land, the applicant ought to have filed it in the Environment and Land Court.
The application dated 13th November 2018 is therefore dismissed. No orders as to costs as Respondents don’t seem to have appeared.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON THE DAY OF 7th MARCH 2019
HON. A.MABEYA
JUDGE