Komo Chege & 6 Others v Joseph Wanjiku Mwangi & 15 Others [2016] KEELC 305 (KLR)
- Court
- Environment & Land Court
- Case number
- 305
- Citation
- [2016] KEELC 305 (KLR)
- Decided
- 1 April 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay pending appeal grantedCoramMUNYAO SILA
Holding
The application for a stay of execution pending appeal is granted subject to certain conditions
Facts
Plaintiffs sued defendants for allowing their plots to be used as motor garages, claiming it was illegal. The plaintiffs also sued the County Government of Nakuru. The defendants filed an appeal and an application for a stay of execution of the ruling pending appeal.
Issues
- Whether to grant a stay of execution of the ruling pending appeal
- Conditions for granting a stay of execution pending appeal
Reasoning
The court exercised its discretion to grant the stay pending appeal, but set conditions for its execution.
Outcome
The application for stay pending appeal is granted
Orders
- The applicants must file their appeal within 60 days from today
- The applicants must deposit security of Kshs. 1 Million, in court or in a joint interest earning account, within 14 days from today
- If the above two conditions are not met, the applicants will have to abide by the order of injunction
Remedies
- Stay of execution pending appeal granted
- Order of injunction remains in force if conditions are not met
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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