Kimani & 4 others v Sigona Jua Kali Association & 4 others (Civil Appeal (Application) 315 of 2019) [2022] KECA 1154 (KLR) (21 October 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1154
- Citation
- [2022] KECA 1154 (KLR)
- Decided
- 21 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for injunction and stay of execution pending appealCoramHM OKWENGU, J. MOHAMMED, S. ole KANTAI
Holding
The notice of motion dated August 9, 2019 is allowed. Costs shall abide the outcome of the appeal.
Facts
The applicants (Kimani et al.) seek a stay of execution of the judgment and decree made by the Environment and Land Court of Kenya at Thika (Mbugua, J.) dated 2nd May, 2019, pending the hearing and determination of Civil Appeal Number 315 of 2019, Nairobi.
Issues
- Whether the appeal is arguable.
- Whether the appeal, if successful, would be rendered nugatory if the orders sought are not granted and the appeal succeeds.
Reasoning
The court considers the appeal arguable and finds that if the orders sought are not granted, the appeal will be rendered nugatory.
Outcome
The application for stay of execution is granted.
Orders
- Stay of execution of the judgment and decree pending the hearing and determination of Civil Appeal Number 315 of 2019.
- Costs to be determined by the outcome of the appeal.
Remedies
- Stay of execution of the judgment and decree pending the hearing and determination of Civil Appeal Number 315 of 2019.
Authorities cited
Cases cited (1)
- Trust Bank Limited and Another v Investech Bank Limited and 3 Others [2000] eKLR
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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