Joseph Yano v Simon Kibet Kiptum [2018] KEELC 1687 (KLR)
- Court
- Environment & Land Court
- Case number
- 1687
- Citation
- [2018] KEELC 1687 (KLR)
- Decided
- 29 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution of decree pending appealCoramMwangi Njoroge
Holding
The application is dismissed with costs to the respondent due to inordinate delay in bringing the application.
Facts
The plaintiff brought an application seeking a stay of execution of a decree issued in Land Case No. 12/2012, Kitale, on 24th January 2017. The defendant filed a replying affidavit stating that costs have been assessed and partly paid by the plaintiff, and that the plaintiff has gone underground, making execution difficult.
Issues
- Whether the application was brought in a timely manner
- Whether the plaintiff would suffer irreparable loss if the stay of execution was not granted
Reasoning
The court found the delay in bringing the application to be inordinate and dismissed the application, stating that the plaintiff did not provide an explanation for the delay.
Outcome
Application dismissed
Orders
- Application dated 26/1/2018 dismissed with costs to the respondent
Authorities cited
Cases cited (3)
- Kitale High Court Case No. 115 of 2013
- Daniel Wambua Ndabi -vs- Peter Luka Ndutu [2008] eKLR
- Butt vs. Rent Restriction Tribunal [1982] KLR 417
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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