Wensley Barasa v Immaculate Awino Abongo [2016] KECA 460 (KLR)
- Court
- Court of Appeal
- Case number
- 460
- Citation
- [2016] KECA 460 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of eviction orderCoramD. K. Musinga, S. Gatembu Kairu, A. K. Murgor
Holding
The Court granted the applicant's application for stay of execution pending the hearing and determination of the appeal.
Facts
The applicant, Wensley Barasa, filed a notice of appeal against the judgment of the High Court at Bungoma, which granted the respondent Immaculate Awino Abongo 60 days to remove any structures on the property or allow the respondent to demolish them.
Issues
- Whether the applicant's appeal is arguable
- Whether the applicant's appeal will be rendered nugatory if the stay of execution is denied
Reasoning
The Court emphasized the need to preserve the subject matter of the appeal to ensure just and effective determination of the appeal, and that the applicant's appeal is arguable.
Outcome
Granted
Orders
- Stay of execution of the eviction order pending the hearing and determination of the appeal
Authorities cited
Cases cited (3)
- Equity Bank Limited v West Link Mbo Limited Civil Application No. Nai 78 of 2011
- Ishmael Kagunyi Thande v HFCK Civil Application No. Nai 157 of 2006
- Dennis Mogambi Mong’are vs. Attorney General & others [2012] eKLR
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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