Stephen Kariuki Njeru v Joel Munyi Nyaga [2018] KEELC 1360 (KLR)
- Court
- Environment & Land Court
- Case number
- 1360
- Citation
- [2018] KEELC 1360 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent seeks stay of execution of judgment pending appealCoramY.M. ANGIMA
Holding
Respondent’s application for stay is allowed
Facts
Respondent seeks stay of execution of judgment dated 23rd November 2017 due to an intended appeal
Issues
- Whether Respondent has demonstrated substantial loss
- Whether Respondent has satisfied conditions for granting stay
Reasoning
Court finds substantial loss and delays in filing the application
Outcome
Stay of execution granted
Orders
- Respondent’s notice of motion dated 5th December 2017 is allowed in terms of order No. 3 thereof
- Costs of the application shall abide the result of the intended appeal
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- Kenya Shell Ltd Vs Kibiru & Another [1986] KLR 410
- Butt Vs Rent Restriction Tribunal [1979] eKLR
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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