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Minudi Okemba Lore v Lucy Wangui Gacharua [2015] KEELC 643 (KLR)

[2015] KEELC 643 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
643
Citation
[2015] KEELC 643 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a trial court order granting an injunctionCoramthe presiding judge
Holding

The court dismisses the Defendant's Application for a stay of execution of the trial court's order.

Facts

The Plaintiff, Minudi Okemba Lore, sought an injunction pending the hearing of the suit. The Defendant, Lucy Wangui Gacharua, filed an Application for a stay of execution of the trial court's order.

Issues

  1. Whether the Plaintiff has shown substantial loss to justify a stay of execution of the trial court's order
  2. Whether the Defendant has offered security for the due performance of the decree or order

Reasoning

The court held that the Defendant's

Outcome

The court dismisses the Defendant's Application for a stay of execution of the trial court's order.

Orders

  • The current Application, together with the Notice of Appeal, were filed timeously.
  • The court orders for security for the due performance of the decree.

Remedies

  • The court orders for security for the due performance of the decree.

Authorities cited

Legislation (1)
  • Civil Procedure Rules
Cases cited (1)
  • CHARLES WAHOME GETHI VS ANGELA WAIRIMU GETH (NAIROBI CIVIL APPEAL NO. 302 OF 2007)
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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