Koech v Kamoing; Koitaba (Interested Party) (Civil Application E049 of 2021) [2023] KECA 24 (KLR) (26 January 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 24
- Citation
- [2023] KECA 24 (KLR)
- Decided
- 26 January 2023
The application is allowed, and the stay of execution is granted until the appeal is heard and determined. The applicant is restrained from dealing with the suit property pending the appeal.
Facts
The applicant, Joel Kibet Koech, seeks to stay the execution of the judgment and decree of the Environment and Land Court at Nakuru, claiming that his appeal stands a risk of being rendered nugatory and that he has an arguable appeal. He also claims that he has lived on the property for over 17 years and that execution of the orders will lead to him losing his home.
Issues
- Applicant's arguable appeal
- Risk of loss of property and home
Reasoning
The court finds that the applicant has not demonstrated the possibility of an avalanche of suits from purchasers, but the disruption of the long-term arrangement of the property may be irreversible. The court orders a stay of execution and restrains the applicant from dealing with the property.
Outcome
Application allowed
Orders
- Stay of execution until appeal is heard and determined
- Restriction on applicant's dealings with the suit property
Remedies
- Costs to follow the event
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