Priscilla Muthoni Kirugi & 19 others v Elgon Insurance Consultants Ltd [2010] KECA 122 (KLR)
- Court
- Court of Appeal
- Case number
- 122
- Citation
- [2010] KECA 122 (KLR)
- Decided
- 24 September 2010
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of decree pending appealCoramM. Ole Keiwa, J. W. Onyango Otieno
Holding
The application for stay of execution of the decree pending appeal is granted.
Facts
The applicants are tenants on the suit land since 1976. They have lodged an appeal against the judgment of the High Court and claim that the appeal has overwhelming chances of success and that eviction would be threatened if the orders are not granted.
Issues
- Whether the appeal is arguable
- Whether the success of the appeal would render the orders nugatory
Reasoning
The court found that the appeal is arguable and that the success of the appeal would render the orders nugatory if not granted.
Outcome
Appeal granted
Orders
- Order for stay of execution of the decree pending appeal
Remedies
- Stay of execution of the decree
Authorities cited
Cases cited (1)
- Relliance Bank Ltd (in liquidation) vs. Norla
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…