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MOHAMMED AZHAR S/O MOHAMED AKRAM
V.
HARDEV KALSI SING & 4 ORS.

(2024) JELR 112723 (CA)

Court of Appeal 6 Dec 2024 Kenya
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Case Details

Suit Number:CIVIL APPEAL (APPLICATION) NO. 23 OF 2019
Judges:MUMBI NGUGI, JA (IN CHAMBERS)
Location:Nairobi

RULING

1. Mohammed Azhar s/o Mohamed Akram, now deceased, was dissatisfied with the decision of the Environment and Land Court (Mutungi, J.) dated 23rd July 2015 in ELC Case No. 186 of 2012 (OS). He filed an application dated 28th January 2019 seeking stay of execution of the judgment. The matter came up for hearing on 21st June 2023 and the Court (Okwengu, Mativo & Ngenye-Macharia, JJ. A) and upon being informed by counsel for the 1st respondent that the 1st respondent was deceased and no application for substitution having been made, the Court marked the application as having abated.

2. That order notwithstanding, the application was again listed before the Court (Musinga, Asike-Makhandia and Kantai, JJA, on 6th May 2024. It appears that one Ms. Farah Aztar, a relative of the appellant, appeared and informed the Court that the appellant had also passed away, on 8th March 2021. In its ruling dated 24th May 2024 (Mohammed Azhar s/o Mohamed Akram v Singh & 4 others (Civil Appeal (Applica…

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