Richard K. Busienei v Shelly J. Busienei & another [2021] KECA 1020 (KLR)
- Court
- Court of Appeal
- Case number
- 1020
- Citation
- [2021] KECA 1020 (KLR)
- Decided
- 5 February 2021
The court denied the application for stay of execution, finding that the appeal is not arguable and that if the stay order is not granted, the appeal will not be rendered nugatory.
Facts
The applicant, Richard K. Busienei, sought an order of stay of execution of the ruling issued by Eldoret Environment and Land Court (ELC) Case No. 235 of 2014, which directed the survey and subdivision of his land parcel No. LR No 6459/5, with 50 acres being transferred to Jackson K. Chebet. The applicant filed a Notice of Appeal and a draft memorandum of appeal, raising two grounds of appeal.
Issues
- Whether the appeal is arguable and not frivolous.
- Whether the stay of execution of the ruling will render the appeal nugatory.
Reasoning
The court considered the principles under Rule 5 (2) (b) of the Court’s Rules, which require the application to establish that the appeal is arguable and not frivolous, and that the stay order sought will not render the appeal nugatory. The court found that the appeal is not arguable due to the applicant's failure to honor a consent order and his misrepresentation.
Outcome
The application for stay of execution was denied.
Orders
- The court denied the application for stay of execution of the ruling/orders pending the hearing and determination of the intended appeal.
Authorities cited
Cases cited (1)
- Ismael Kagunji Thande vs. Housing Finance Kenya Ltd. Civil Application No. Nai. 157 of 2006 (unreported)
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