Mwasunguia & another v Kimbio (Civil Appeal (Application) E223 of 2024) [2025] KECA 934 (KLR) (23 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 934
- Citation
- [2025] KECA 934 (KLR)
- Decided
- 23 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for stay of execution pending appealCoramA. K. MURGOR, DR. K. I. LAIBUTA CARB, FCIARB., G. W. NGENYE-MACHARIA
Holding
The application is dismissed as it has no merit.
Facts
The applicants, Calvin Mwakaba Mwasungia and Bethwel Nguta, filed a suit against the respondent, Thomas Wandeto Kimbio, in the Chief Magistrate's Court at Voi seeking eviction and an injunction. The trial court granted the injunction and directed the applicants to vacate the property by December 30, 2023. The applicants appealed to the Environment and Land Court, which dismissed their appeal with costs.
Issues
- Whether the applicants' appeal should be granted a stay of execution pending appeal
- Whether the applicants' appeal should be granted a stay of the judgment of the Chief Magistrate's Court
Reasoning
The court found that the applicants failed to file a reply to the motion or written submissions and did not appear in court. The court also noted that the applicants' appeal was dismissed by the ELC with costs.
Outcome
Application dismissed
Orders
- Stay of execution of the judgment and decree of the Chief Magistrate's Court at Voi is denied
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.
Loading judgment…