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ELCAllowedNot stated in the judgment (appeal from Meru CMC E & L Case No E133 of 2023)· [2026] KEELC 2866 (KLR)

Notice of Motion dated 1/8/2025 (Extension of Time and Stay of Execution)

Environment and Land Court
12 May 2026
BEB M Eboso
147 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Meru allowed late filing of a land appeal and blocked enforcement of the original judgment while the appeal is decided.

What this practically means

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Executive summary

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This is an ex-tempore ruling of the Environment and Land Court at Meru (B M Eboso, ELC Judge) on a notice of motion dated 1/8/2025 by three appellants. The motion sought two substantive orders: (i) admission of the appeal out of time; and (ii) a stay of execution of the judgment and decree in Meru CMC E & L Case No E133 of 2023, from which the appeal is brought. The three respondents were represented by M/s Karimi Gikundi Advocates, and their counsel, Ms Karimi Gikundi, informed the court that the respondents were not opposed to the application. The appellants were represented by Mr Mwenda Mwarania. In the absence of any opposition, the court exercised its discretion and allowed the application in terms of prayers 3 and 2. The appeal was accordingly admitted out of time, and a stay of execution of the judgment and decree in the subordinate court case was granted pending the hearing and disposal of the appeal. The ruling makes no costs order and records no opposition from any party. It is a short interlocutory decision, delivered ex-tempore, on 12th May 2026 at Meru, in the presence of both counsel and Court Assistant Mr E. Tupet. No authorities or statutes are cited in the ruling.

Key legal issues

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01

Extension of time to file an appeal where the application is unopposed

Holding

The court allowed the appeal to be admitted out of time since the respondents did not oppose the application.

Reasoning

The respondents, through their advocate Ms Karimi Gikundi, informed the court that they were not opposed to the application. With no opposition and no competing interests argued, the court exercised its discretion to admit the appeal out of time in terms of prayer 3 of the notice of motion dated 1/8/2025.

p. 1
02

Stay of execution pending appeal

Holding

Stay of execution of the judgment and decree in Meru CMC E & L Case No E133 of 2023 was granted pending the hearing and disposal of the appeal.

Reasoning

Prayer 2 of the motion sought a stay of execution. As the application was unopposed, the court granted the stay to preserve the subject matter of the appeal until the appeal is heard and determined. The stay is therefore interlocutory in nature and tied to the disposal of the appeal.

p. 1

Legal principles established

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  • An unopposed application may be allowed in terms of the prayers sought, with a stay granted pending the hearing and disposal of the appeal.

Court orders

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  1. 1.The application is allowed in terms of prayer 3 (admission of the appeal out of time)
  2. 2.Prayer 2 (stay of execution of the judgment and decree in Meru CMC E & L Case No E133 of 2023) is allowed pending the hearing and disposal of the appeal
On appeal from
Meru Chief Magistrate's Court (CMC Environment and Land)
E133 of 2023
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Notice of Motion dated 1/8/2025 (Extension of Time and Stay of Execution)", Case Analysis (2026). Not stated in the judgment (appeal from Meru CMC E & L Case No E133 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2866/eng@2026-05-12

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.