Tichu & 16 others v Stephen Gitau Ikere, Loise Nyokabi Ikere, Lucy Nyambura Ikere, Samuel Kabau Ikere (Sued jointly as administrators of the estate of Ikere Gitau (Deceased) & 2 others (Civil Application E023 of 2021) [2022] KECA 74 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 74
- Citation
- [2022] KECA 74 (KLR)
- Decided
- 4 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution and injunction pending the hearing and determination of an intended AppealCoramAK MURGOR
Holding
The application is certified as urgent due to the respondents' clear steps to execute the judgment.
Facts
The applicants filed a Notice of Motion on 28th April, 2021, praying for a stay of execution of a judgment dated 2nd March, 2021, and an injunction to restrain respondents from interfering with their possession of suit properties. The respondents had moved to the High Court for eviction orders.
Issues
- Urgency of the application
- Imminence of eviction
Reasoning
The court declined to certify the urgency initially but re-considered the application after further evidence. The court found the application urgent due to the respondents' actions to execute the judgment.
Outcome
The application is certified as urgent.
Orders
- Costs in the application
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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