Apungu v Justinice Limited (Civil Application E218 of 2023) [2024] KECA 99 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 99
- Citation
- [2024] KECA 99 (KLR)
- Decided
- 9 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of judgmentCoramGW NGENYE-MACHARIA, Kantai, M. D. Mwangi, Mwangi
Holding
The court grants the stay of execution of the trial court judgment pending hearing and determination of the intended appeal.
Facts
The applicant, Arthur K. Apungu, signed a sale agreement for the purchase of land parcel No. Soy/Soy/Block 10 (Navillus 1) in 1999, comprising 40.47 hectares. He paid a deposit of Kshs.1,500,000 and the balance of Kshs.2,200,385. He has been living on the property for over 23 years.
Issues
- Whether to grant a stay of execution of the Environment and Land Court's judgment pending the appeal
- Balancing the interests of the applicant and the respondent
Reasoning
The court considers the circumstances and the potential economic prejudice to the applicant if the appeal is successful, and decides to preserve the appeal to avoid irreparable loss.
Outcome
The application is granted.
Orders
- A stay of execution of the trial court judgment is granted pending hearing and determination of the intended appeal
Remedies
- The costs of the motion shall abide the outcome of the appeal
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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