Kiarie & 3 others v Thuku (Civil Appeal (Application) E629 of 2021) [2023] KECA 586 (KLR) (26 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 586
- Citation
- [2023] KECA 586 (KLR)
- Decided
- 26 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for stay of execution of judgment and decreeCoramD. K. MUSINGA, DR. K. I. LAIBUTA, M. GACHOKA, CIArb, FCIArb
Holding
The court grants a stay of execution of the judgment and decree pending the hearing and determination of the appeal, as the applicants have established both limbs required for the stay.
Facts
The applicants are seeking to stay the execution of a judgment and decree issued by the Environment and Land Court of Kenya at Thika, ordering their eviction from the suit properties.
Issues
- Whether the Notice of Appeal should be deemed as duly filed and extended time to file an appeal
- Whether a stay of execution of the judgment and decree is necessary to prevent the applicants from being rendered homeless
Reasoning
The court finds that the applicants have a valid concern about being rendered homeless if the judgment is executed, and that the respondent is likely to execute the decree, thus warranting the stay.
Outcome
The application is granted with costs in the appeal.
Orders
- Stay of execution of the judgment and decree pending the hearing and determination of the appeal
Remedies
- Stay of execution of the judgment and decree
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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