Ngige & another v Nyakairu (Civil Application E301 of 2023) [2024] KECA 5 (KLR) (25 January 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 5
- Citation
- [2024] KECA 5 (KLR)
- Decided
- 25 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution pending the hearing and determination of this application and the intended appealCoramJ. G. Kemei, JW LESSIT, J. G. Kemei
Holding
The notice of motion dated 10th July 2023 is dismissed with costs.
Facts
A sale agreement was entered into between the applicants and the respondent in 2009, where land was sold to the applicants. The applicants breached the contract, leading to a conditional judgment in their favor. The respondent appealed, and the appeal was allowed, ordering the applicants to vacate the land within 45 days. The applicants intend to challenge this decision in an intended appeal.
Issues
- Whether the intended appeal of the applicants will be rendered nugatory if the application for stay of execution is not granted.
- Whether damages provided for in the sale agreement are an adequate remedy for breach of contract.
Reasoning
The applicants must have an arguable appeal or intended appeal to deserve a stay or injunction. The intended appeal will be rendered nugatory if the application for stay of execution is not granted.
Outcome
Dismissed with costs
Orders
- The notice of motion dated 10th July 2023 is dismissed with costs.
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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