Christine Chepchirchir Baig v Mirza Iqbal Baig & another [2016] KEELC 921 (KLR)
- Court
- Environment & Land Court
- Case number
- 921
- Citation
- [2016] KEELC 921 (KLR)
- Decided
- 7 April 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePostureApplication for stay pending appealCoramE. Obaga
Holding
The application for stay pending appeal is dismissed with costs to the Plaintiff/Respondent.
Facts
The 2nd Defendant/Applicant Agriseedco Ltd filed a Notice of Motion seeking a stay of further proceedings and costs, and other relief. The Plaintiff/Respondent Christine Chepchirchir Baig contested the application.
Issues
- Whether the Applicant has met the conditions set out in Order 42 Rule 6 of the Civil Procedure Rules.
- Whether the Applicant will suffer substantial loss if the stay is not granted.
Reasoning
The delay in filing the application was unreasonable, and the Applicant did not demonstrate substantial loss. The costs have not been taxed, and the Applicant's counter-claim was dismissed.
Outcome
Dismissed with costs
Orders
- Application for stay pending appeal dismissed
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Nairobi HCCC No 2714 of 1997 between Crested sea Agencies Ltd – Vs- Muranga County Council
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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