Scholar Wambui Wainaina v Ndoho Market Stalls Limited [2018] KEELC 3133 (KLR)
- Court
- Environment & Land Court
- Case number
- 3133
- Citation
- [2018] KEELC 3133 (KLR)
Summary at a glance
TypeCivilPostureAppeal from a judgment granting specific performance and an order for stay of execution pending appealCoramB M Ebose
The defendant has failed to satisfy the criteria for grant of an order of stay pending appeal.
Facts
The plaintiff brought an action for specific performance and an order for stay of execution pending appeal. The defendant filed a Notice of Motion seeking a stay of execution.
Issues
- Whether the defendant has satisfied the criteria for grant of an order of stay pending appeal under Order 42 rule 6 of the Civil Procedure Rules.
- Whether the notice of appeal was filed within the 14-day period and whether the draft memorandum of appeal is by the appellant.
Reasoning
The court found that the defendant failed to demonstrate serious intention to pursue an appeal by filing and serving a compliant notice of appeal, memorandum of appeal, and record of appeal. The draft memorandum of appeal was not by the intended appellant and there was no evidence of an extension order for filing the notice of appeal.
Outcome
The application for stay of execution is dismissed.
Orders
- The costs of the application are awarded to the respondent.
Authorities cited
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