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

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

1.By a Notice of Motion dated 6th 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 10th day of September 2021 until my application dated 22nd 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 22ND DAY OF JULY, 2022.P. O. KIAGE…………………....… JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR
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Date Case Court Judges Outcome Appeal outcome
22 July 2022 Mukanda v Mutswenje (Civil Application 100 of 2021) [2022] KECA 941 (KLR) (22 July 2022) (Order) This judgment Court of Appeal PO Kiage  
28 February 2019 Francis Makuba Mukanda v Felix Sakwa Mutswenje (Environment & Land Case 507 of 2014) [2019] KEELC 4390 (KLR) (28 February 2019) (Judgment) Environment and Land Court NA Matheka
28 February 2019 ↳ ELC Case No. 507 of 2014 Environment and Land Court NA Matheka Court issues further directions