Johnai Okutoi & another v Najib Jiwa & 2 others [2017] KEELC 3194 (KLR)
- Court
- Environment & Land Court
- Case number
- 3194
- Citation
- [2017] KEELC 3194 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution pending appealCoramA. OMBWAYO
Holding
The application is dismissed with costs as the applicant has not explained the delay, demonstrated substantial loss, or offered security.
Facts
The 2nd defendant (applicant) seeks a stay of execution of a judgment declaring the auction of a property as null and void, and ordering compensation. The 1st defendant (respondent) opposes the application.
Issues
- Whether the applicant has established a prima facie arguable appeal
- Whether substantial loss will result if the stay is not granted
- Whether the applicant has offered security for the due performance of the decree
Reasoning
The applicant did not explain the delay in filing the application, and the substantial loss was not demonstrated. The applicant has not offered security for the due performance of the decree.
Outcome
Application dismissed
Orders
- Application dismissed with costs
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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