Duncan & 2 others v Family Bank Limited (Civil Appeal (Application) E211 of 2023) [2024] KECA 1148 (KLR) (20 September 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1148
- Citation
- [2024] KECA 1148 (KLR)
- Decided
- 20 September 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for stay of execution of ordersCoramD. K. MUSINGA, P. O. KIAGE, MUMBI NGUGI
Holding
The application is granted, and the orders made by the Environment and Land Court at Kajiado are stayed.
Facts
The applicants are seeking a stay of execution of the orders made by the Environment and Land Court at Kajiado, which were to auction or sell the suit property of a deceased person.
Issues
- Whether there is sufficient cause for the stay of execution of the impugned orders.
- Whether the applicants have an arguable appeal with high chances of success.
- Whether the applicants would be best served by holding the orders in abeyance.
Reasoning
The applicants have an arguable appeal with high chances of success, and the court finds that their interests would be best served by holding the orders in abeyance.
Outcome
The application is granted.
Orders
- Stay of execution of the orders made by the Environment and Land Court at Kajiado
Remedies
- Stay of execution of the orders
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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