Augustine Barasa Khisa v Lazaro Namasake & another [2017] KEELC 783 (KLR)
- Court
- Environment & Land Court
- Case number
- 783
- Citation
- [2017] KEELC 783 (KLR)
- Decided
- 30 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePostureAppeal from a decree of the High CourtCoramPresiding Judge
Holding
The application for stay of execution is granted.
Facts
The plaintiff, Augustine Barasa Khisa, sought a stay of execution of a decree dated 5th October, 2016, due to the exhumation and burial of the deceased's body, and the filing of an appeal in the Court of Appeal.
Issues
- Whether the application for stay of execution is urgent and should be heard exparte.
- Whether the application should be granted due to the exhumation of the deceased's body and the pending appeal.
Reasoning
The court finds that the application is urgent and should be heard exparte, and that the exhumation of the deceased's body and the pending appeal justify the stay.
Outcome
The application for stay of execution is granted.
Orders
- The application is certified urgent and heard exparte in the first instance.
- There is a stay of execution of the decree dated 5th October, 2016 pending the hearing and determination of appeal in Court of Appeal in Eldoret.
Remedies
- The costs of the application are provided for.
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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