Timoi Farms & Estates Limited & another v Langat (Civil Application E164 of 2023) [2023] KECA 1005 (KLR) (28 July 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1005
- Citation
- [2023] KECA 1005 (KLR)
- Decided
- 28 July 2023
The Court of Appeal dismissed the application for stay execution of the judgment and decree, finding that the intended appeal is not arguable and that the intended appeal, if successful, would not be rendered nugatory.
Facts
Timoi Farms & Estates Limited and Isaya Kiptonui Kimeywo applied for a stay of execution of the judgment and decree made by the Environment and Land Court (Okongo, J.) dated 18th April, 2023 in NRB ELC No. 606 of 2015, pending the hearing and determination of their intended appeal by the Court of Appeal.
Issues
- existence of an arguable appeal
- likelihood of the intended appeal being rendered nugatory if the stay is not granted
Reasoning
The court considered the grounds for the application and found that the intended appeal is not arguable. The court also determined that the intended appeal, if successful, would not be rendered nugatory.
Outcome
Application dismissed
Orders
- The application for stay execution of the judgment and decree is dismissed
Authorities cited
Cases cited (4)
- Trust Bank Limited & another v Investech Bank Limited & 3 others (2000) eKLR
- Eric Makokha & 4 others v Lawrence Sagini & 2 others (1994) eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 others (supra)
- Reliance Bank Ltd v Norlake Investments Ltd [2002] 1 EA 227
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