Abdi Adam Hussein & 2 others v Attorney General & 2 others [2018] KEELC 3371 (KLR)
- Court
- Environment and Land Court
- Case number
- 3371
- Citation
- [2018] KEELC 3371 (KLR)
- Decided
- 17 April 2018
- Judge
- A Ombwayo
- Parties
- raw · defendants · plaintiffs
The application for stay of execution is granted pending appeal, and both parties are ordered not to interfere with the suit land pending the appeal.
Facts
The 1st and 2nd defendants filed an appeal against a judgment and decree in favor of the 1st plaintiff, ordering the 2nd defendant to vacate the suit land within 30 days. The 1st and 2nd defendants are apprehensive about the plaintiffs' potential execution of the decree and the state's loss.
Issues
- Whether the application for stay of execution is timely
- Whether the 1st and 2nd defendants will suffer substantial loss if the stay is not granted
Reasoning
The court finds the application timely and that the 1st and 2nd defendants have established substantial loss, but not enough to justify a stay. The court grants the stay to preserve the subject of the intended appeal and protect the public interest.
Outcome
The application for stay of execution is granted.
Orders
- Stay of execution pending appeal
- Both parties are not to interfere with the suit land pending the appeal
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