Attorney General v Mucheke & 2 others (Civil Application 58 of 2022) [2023] KECA 615 (KLR) (26 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 615
- Citation
- [2023] KECA 615 (KLR)
- Decided
- 26 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution pending appealCoramW. KARANJA, JAMILA MOHAMMED, L. KIMARU
Holding
The application for stay of execution is allowed.
Facts
The Attorney General seeks a stay of execution of an Environment and Land Court judgment ordering the Urban Roads Authority to pay Kshs 11,500,000 to the 1st respondent, who is seeking to execute against the Urban Roads Authority.
Issues
- Whether the intended appeal is arguable.
- Whether the stay of execution will render the appeal nugatory.
Reasoning
The Court finds the appeal arguable and that the stay is necessary to prevent the imminent danger of injustice and loss of public funds.
Outcome
Application allowed
Orders
- Stay of execution pending the lodging, hearing and determination of the intended appeal
Remedies
- Stay of execution
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2010
- Rule 5(2)(b)
Cases cited (2)
- Trust Bank Limited and Another v Investech Bank Limited & 3 Others [2000] eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
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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