Behalf) & 3 others v Kamutu & 2 others (Civil Application E064 of 2022) [2024] KECA 1050 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1050
- Citation
- [2024] KECA 1050 (KLR)
- Decided
- 23 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of a specific rulingCoramW. KARANJA, JAMILA MOHAMMED, L. KIMARU
Holding
The application fails to meet the required threshold and is hereby dismissed with costs to the respondents.
Facts
The applicants sought an order for review of a judgment in ELC Case No. 227 of 2016, which awarded them one acre of land. The respondents opposed the application, stating that the appeal is not arguable and that the applicants have not demonstrated arguability of their appeal.
Issues
- Whether the appeal is arguable
- Whether the appeal will be rendered nugatory if the stay order is not granted
Reasoning
The applicants failed to demonstrate an arguable appeal and that the appeal would be rendered nugatory if the stay order is not granted.
Outcome
Dismissed
Authorities cited
Cases cited (2)
- NIC Bank Ltd & 2 Others -vs- Mombasa Water Products Ltd [2021]eKLR
- Stanley Kang'ethe Kinyanjui v Tony Keter & 5 Others (supra)
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.
Loading judgment…