Case ID:201294

Mukanda v Mutswenje (Civil Application 100 of 2021) [2022] KECA 941 (KLR) (22 July 2022) (Order)

Case Metadata

Case Number:

Civil Application 100 of 2021

Parties:

Mukanda v Mutswenje

Date Delivered:

22 Jul 2022

Case Class:

Court:

Court of Appeal at Kisumu

Case Action:

Order

Judge(s):

Patrick Omwenga Kiage

Citation:

Mukanda v Mutswenje (Civil Application 100 of 2021) [2022] KECA 941 (KLR) (22 July 2022) (Order)

Court Division:

Civil

County:

Kisumu

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Mukanda v Mutswenje (Civil Application 100 of 2021) [2022] KECA 941 (KLR) (22 July 2022) (Order)

Neutral citation:

[2022] KECA 941 (KLR)

Republic of Kenya

In the Court of Appeal at Kisumu

Civil Application 100 of 2021

PO Kiage, JA

July 22, 2022

Between

Francis Makuba Mukanda.

Applicant

and

Felix Sakwa Mutswenje.

Respondent

(Being an Application for stay of execution against the Decree of the Environment and Land Court in Kakamega (Matheka, J.) dated 28th February 2019 in ELC Case No. 507 of 2014

Environment & Land Case 507 of 2014

)

Order

1.

By a Notice of Motion dated 6

th

October 2021, the applicant, Francis Makuba Mukanda, seeks the following prayer in the main;

a)

THAT this honourable court stays the execution of (sic) certificate of cost dated 10

th

day of September 2021 until my application dated 22

nd

day of June 2021 praying for enlargement and or extension of time within which leave be granted in Civil Application No 26 of 2019 and leave be granted to lodge and serve the Record of Appeal out of time are heard and determined.

2.

This is a Rule 5 (2)(b) application, though from the face of it, it may also appear as though the applicant is seeking time extension as provided for in Rule 4 of the

Court of Appeal rules

. A quick reading of the applicant’s supporting affidavit, clarifies the intention of the application as the applicant appropriately articulates the prayer he seeks as;

a)

THAT this Honorable court stays the execution of the certificate of costs dated 10th September 2021 until the application praying for the (sic) extension dated 22nd day of June 2021 is heard and determined.

3.

As such, this application has been improperly placed before me as I have no jurisdiction, as a single judge, to hear a Rule 5 (2) (b) application. The same can only be canvassed before a full bench.

4.

I therefore direct that this application be properly listed before the full Bench.

DATED AND DELIVERED AT NAIROBI THIS 22

ND

DAY OF JULY, 2022.

P. O. KIAGE

…………………....…

JUDGE OF APPEAL

I certify that this is a true copy of the original

Signed

DEPUTY REGISTRAR