National Environment Management Authority v KM (minor suing through Mother and Bestfriend SKS & 17 others [2021] KECA 448 (KLR)
- Court
- Court of Appeal
- Case number
- 448
- Citation
- [2021] KECA 448 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and stay of further proceedings pending the hearing and determination of an appealCoramM. K. KOOME, ASIKE-MAKHANDIA, D. K. MUSINGA
Holding
The Court grants a stay of execution of the entire judgment pending hearing and determination of the appeal.
Facts
Petitioners sued the applicant and other respondents for environmental pollution that killed more than 20 people and caused various serious illnesses to many residents of Owino-Uhuru village in Changamwe Division, Mikindani area of Mombasa County.
Issues
- Whether the appeal is arguable
- Whether the intended appeal will be rendered nugatory if execution is granted
Reasoning
The applicant argued that the appeal is arguable and that the intended appeal will be rendered nugatory if execution is granted. The Court agreed and granted the stay.
Outcome
Stay of execution of the entire judgment pending hearing and determination of the appeal
Orders
- Stay of execution of the entire judgment pending hearing and determination of the appeal
Remedies
- Stay of execution of the entire judgment pending hearing and determination of the 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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