Kamunya & 24 others v Patmwa Limited (Civil Application E084 of 2021) [2021] KECA 163 (KLR) (19 November 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 163
- Citation
- [2021] KECA 163 (KLR)
- Decided
- 19 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramD. K. MUSINGA, H. A. OMONDI, DR. K. I. LAIBUTA
Holding
The intended appeal is arguable and the orders sought to stay the execution of the judgment and decree pending the appeal are granted.
Facts
Philip Kamunya and 24 others filed a suit against Patmwa Limited, claiming to be owners of a property in Embakasi, Muradi area due to over 20 years of permanent developments. Patmwa Limited opposed the suit and filed an application for eviction, arguing the suit was res judicata. The applicants filed an appeal against the eviction order.
Issues
- Whether the intended appeal is arguable.
- Whether the orders sought should be granted to stay the execution of the judgment and decree pending the appeal.
Reasoning
The Court finds the appeal arguable and grants the stay of execution to allow the appeal to be heard and determined before eviction.
Outcome
The judgment and decree in Nairobi ELC No. 56 of 2012 are stayed pending the appeal.
Orders
- Stay of execution of the judgment and decree in Nairobi ELC No. 56 of 2012 pending the appeal.
- Each party to bear their own costs of the application.
Remedies
- Stay of eviction orders pending appeal.
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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