George Ole Sangui & 12 others v Kedong Ranch Limited [2015] KECA 480 (KLR)
- Court
- Court of Appeal
- Case number
- 480
- Citation
- [2015] KECA 480 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgment pending appealCoramH. M. OKWENGU, J. W. MWERA, G. B. M. KARIUKI
Holding
The application for stay of execution of the dismissal order cannot be granted.
Facts
The applicants brought suit No. 21 of 2010 (O.S) in the High Court at Nakuru, where the impugned judgment was delivered. The High Court dismissed the applicants' claim for adverse possession of the land.
Issues
- Whether the application for stay of execution of the dismissal order can be granted.
- Whether the dismissal order is capable of enforcement and execution.
Reasoning
The dismissal order is not a positive order requiring any party to do or refrain from doing anything and is not capable of execution or enforcement. The principles governing the exercise of the Court's discretionary power under rule 5(2)(b) have not been met.
Outcome
The application is dismissed without costs.
Authorities cited
Legislation (1)
- Court of Appeal Rules 2010
Cases cited (1)
- William W. Wahome and the Registrar of Trade Unions & Others (Civil Appl. No. NAI 308 of 2005 (unreported))
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.
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