Simon Nyamanya Ondiba v Director of Public Prosecutions & 3 others; Rose Njeri Macharia (Interested Party) [2019] KECA 642 (KLR)
- Court
- Court of Appeal
- Case number
- 642
- Citation
- [2019] KECA 642 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of further proceedings in criminal casesCoramALNASHIR VISRAM, R. N. NAMBUYE, J. MOHAMMED
Holding
The application for stay of further proceedings is granted
Facts
The applicant and the interested party both hold titles over the suit property, and the interested party trespassed in August 2016, leading to a suit at the Environment and Land Court.
Issues
- Whether the application for stay of further proceedings should be granted
- Whether the stay would preserve the substratum of the intended appeal
Reasoning
The court finds that the stay would preserve the substratum of the intended appeal.
Outcome
Application granted
Orders
- Stay of further proceedings in Criminal Case Nos. 2067 of 2016 and 2788 of 2016 in the Chief Magistrate’s Court at Milimani and Makadara respectively
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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