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ELCOtherIsiolo ELC Misc. Application dated 16th December, 2021 (arising from Isiolo CM ELC 17 of 2016)· [2022] KEELC 2023 (KLR)
Esther Michuki Kaunguru v Nancy Nkuene Muthuia & another [2022] KEELC 2023 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#An Isiolo land owner's bid to appeal late and stop execution over her plot was not decided — the court only ordered service and set a February hearing date.
What this practically means
#Executive summary
#By a notice of motion dated 16th December 2021, Esther Michuki Kainguru, the applicant, sought four substantive orders: leave for the firm of M/s Otieno A & Co. Advocates to come on record in place of M/s Kiogora Mugambi & Co. Advocates; leave to file an appeal out of time against the judgment and decree of the Chief Magistrate's Court at Isiolo in ELC 17 of 2016 delivered on 27th July 2021; a stay of execution of that judgment pending hearing and determination of the application; and maintenance of the prevailing status quo over plot No. 190 Kulamawe Isiolo, so that the orders issued pursuant to the judgment of 27th July 2021 would not be implemented in the Lands Office or on the ground. The application was supported by the applicant's own affidavit, which explained that her previous advocates had failed or refused to file the intended appeal within the prescribed period, that she was unaware of this omission, and that blame for counsel's inaction should not be visited upon her, adding that she had a good appeal. The court, per P. M. Njoroge, ELC Judge at Isiolo, did not determine any of the substantive prayers. Instead, it issued purely procedural directions: the applicant was to serve the application and the court's orders upon the respondents within ten days, and the application was to be heard inter-partes on 14th February 2022. The matter therefore remained pending, with no relief granted or refused and no decision on costs.
Key legal issues
#Legal principles established
#Court orders
#- 1.The applicant to properly serve the application within 10 days of today
- 2.The applicant to properly serve the orders issued by the court upon the respondents within 10 days of today
- 3.The application will be heard inter-partes on 14th February, 2022
- On appeal from
- Chief Magistrate's Court, Isiolo
- ELC 17 of 2016
- Jurisdiction invoked
- Not expressly stated; procedural notice of motion under civil procedure provisions for leave to come on record, extension of time and stay
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Esther Michuki Kaunguru v Nancy Nkuene Muthuia & another [2022] KEELC 2023 (KLR)", Case Analysis (2022). Isiolo ELC Misc. Application dated 16th December, 2021 (arising from Isiolo CM ELC 17 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2023/eng@2022-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.