Suri v Kaur alias Mandeep Kaur (Civil Application E077 of 2021) [2022] KECA 654 (KLR) (8 July 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 654
- Citation
- [2022] KECA 654 (KLR)
- Decided
- 8 July 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of the ruling and order of the Environment and Land CourtCoramA.K. MURGOR, S. ole KANTAI, A. MBOGHOLI MSAGHA
Holding
The application for stay of execution is dismissed as the applicant has failed to satisfy the first limb of the requirements for a rule 5 (2) (b) application.
Facts
The respondent filed a claim against the applicant for an injunction, specific performance, and nullification of lease agreements. The applicant denied entering into a consent order and sought its setting aside.
Issues
- Whether the intended appeal is arguable.
- Whether the consent order should be set aside.
Reasoning
The court found that the applicant has not provided grounds for the intended appeal and has not satisfied the first requirement of an arguable appeal.
Outcome
The Notice of Motion dated 5th March 2021 is unmerited and is dismissed.
Orders
- Stay of execution of the ruling of the trial court is denied.
- The consent order recorded by Nyamweya, J. on 4th March 2014 is not set aside.
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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