Robinson Kuto & 3 others v Jackson Kariuki Kahungura & 5 others [2018] KECA 122 (KLR)
- Court
- Court of Appeal
- Case number
- 122
- Citation
- [2018] KECA 122 (KLR)
The motion is dismissed with costs to the 1st and 2nd respondents as the applicants have not demonstrated that the intended appeal will be rendered nugatory absent stay.
Facts
Robinson Kuto and 3 others filed a motion seeking a stay of execution of the judgment and decree of the Environment and Land Court of Kenya at Nakuru (Munyao J.) dated 25th April, 2018. The motion was supported by the affidavit of Robinson Kuto, who claimed he was a peasant fisherman and could not raise the sum of Ksh.8,000,000/- ordered by the court. The 1st respondent, Jackson Kariuki Kahungura, claimed the applicants had invaded his land and filed an ELC No. 124 of 2014.
Issues
- Whether the applicants have an arguable appeal which will be rendered nugatory absent stay
- Whether the 1st respondent has the ability to repay the decretal sum if the intended appeal succeeds
Reasoning
The court found that the applicants did not demonstrate that the intended appeal will be rendered nugatory absent stay, and thus did not establish both limbs of the motion.
Outcome
The motion is dismissed with costs to the 1st and 2nd respondents.
Orders
- The motion is dismissed with costs to the 1st and 2nd respondents.
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