Kenya Ports Authority v Nightshade Properties Limited & 4 others (Civil Appeal (Application) E025 of 2021) [2022] KECA 385 (KLR) (4 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 385
- Citation
- [2022] KECA 385 (KLR)
- Decided
- 4 March 2022
AI Summary
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TypeCivil Appeal (Application)PostureApplication for stay of proceedings and stay of execution pending the hearing and determination of an appealCoramHonourable Justice, JUDGE OF APPEAL, JW LESSIT, Olola, V.
Holding
The court grants the application for stay of execution of the judgment and orders, and the stay of contempt proceedings.
Facts
The Kenya Ports Authority (Applicant) seeks a stay of execution of a judgment and orders of the Malindi Environment and Land Court, and a stay of contempt proceedings, due to the enormous developments on the suit property and the significant investment made in the project.
Issues
- Whether the application for stay of execution of the judgment and orders is granted
- Whether the application for stay of contempt proceedings is granted
Reasoning
The court is persuaded that if the application is declined, the Applicant may never be able to recoup what has gone into the project, and that the developments on the suit property are irreversible.
Outcome
The court grants the application for stay of execution of the judgment and orders, and the stay of contempt proceedings.
Orders
- Stay of execution of the judgment and consequent orders of Hon. Justice J.O. Olola dated and delivered on 23rd March 2021
- Stay of contempt proceedings commenced by way of the 1st Respondent's Notice of Motion dated 18th June 2021
Remedies
- Stay of execution of the judgment and consequent orders of Hon. Justice J.O. Olola
- Stay of contempt proceedings commenced by way of the 1st Respondent's Notice of Motion
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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