Susan Njeri Njoroge v Mwangi Kiarie [2017] KEELC 1316 (KLR)
- Court
- Environment & Land Court
- Case number
- 1316
- Citation
- [2017] KEELC 1316 (KLR)
Summary at a glance
TypeCivilPostureApplicant seeks stay of execution of a judgment and subsequent orders pending appeal.CoramELC
The Court denied the application for stay of execution pending appeal, finding that the Appellant/Applicant has not met the threshold for granting the orders sought.
Facts
The Appellant/Applicant filed an appeal against a judgment in Thika CMCC No.1331 of 1999, dated 9th June 2015, which was in favor of the Respondent/Defendant. The Appellant/Applicant sought a stay of execution of the judgment and subsequent orders.
Issues
- Whether the Appellant/Applicant is entitled to a stay of execution of the judgment pending appeal.
- Whether the Appellant/Applicant has met the threshold for granting the orders sought.
Reasoning
The Court considered the principles set out in Order 42 Rule 6(2) and found that the Appellant/Applicant has not shown that she will suffer substantial loss unless the order is made.
Outcome
The application for stay of execution pending appeal was denied.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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