Waningilo v Baraza & another (Civil Application E021 of 2023) [2024] KECA 52 (KLR) (2 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 52
- Citation
- [2024] KECA 52 (KLR)
- Decided
- 2 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution pending appealCoramP NYAMWEYA, F OCHIENG, W KORIR
Holding
The application is allowed, and the execution of the judgment is stayed pending the hearing and determination of the applicant's intended appeal.
Facts
The applicant, Joseph Sawenja Waningilo, seeks a stay of execution of a judgment ordering him to vacate the suit land, Trans Nzoia/ Ngoronga 11, due to substantial loss and damage if the decree is executed.
Issues
- Whether the applicant has an arguable appeal
- Whether the intended appeal will be rendered nugatory if the stay is granted
Reasoning
The court found that the applicant has an arguable appeal and that the appeal will be rendered nugatory if the stay is not granted.
Outcome
Application allowed
Orders
- Execution of the judgment is stayed pending the hearing and determination of the applicant's intended appeal
Remedies
- Stay of execution of the judgment
Authorities cited
Cases cited (4)
- Josephine Koki Raymond v Philomena Kanini Maingi (personal representative of Maingi Musila Mutava (Deceased) & another [2018] eKLR
- Reliance Bank Limited v Norlake Investments Limited [2002] 1 EA 227
- Trust Bank Limited & Another v Investech Bank Limited & 3 Others [2000] eKLR
- Dennis Mogambi Mang'are v Attorney General & 3 Others [2012] 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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