Gisaga v Kiruja (Civil Application E098 of 2024) [2025] KECA 554 (KLR) (14 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 554
- Citation
- [2025] KECA 554 (KLR)
- Decided
- 14 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of judgmentCoramS. ole KANTAI, J. LESIIT, ALI - ARONI
Holding
The application is dismissed with costs.
Facts
The applicant, Abdalla Mutembei Gisaga, sought an order of stay of execution of the judgment of the Environment and Land Court dismissing his appeal against the Business Premises Rent Tribunal's ruling.
Issues
- Whether the applicant has an arguable appeal
- Whether the respondent would be unable to pay damages if the appeal is successful
Reasoning
The Court found that the impugned judgment merely dismissed the applicant's appeal, making it a negative order incapable of execution. The Court also determined that the applicant has not demonstrated an arguable appeal and that the respondent would be able to pay damages if the appeal is successful.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (4)
- Stanley Kangethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
- Kanwal Sarjit Singh Dhiman v Keshavji Shah [2008] eKLR
- Western College of Arts & Applied Science v Oranga & Others [1976] KLR 63
- Kaushik Panchamatia & 3 Others v Prime Bank Limited & Another [2020] 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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