Paul Muriithi Mwai v Nathan Warutere (Environment & Land Case 12 of 2016) [2018] KEELC 4299 (KLR) (22 February 2018) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4299
- Citation
- [2018] KEELC 4299 (KLR)
- Decided
- 22 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant's Application for Stay of Execution of DecreeCoramGikonyo
Holding
The court granted the stay of execution of the decree pending the appeal.
Facts
The Appellant was evicted from his property after a decree was issued against him in Nyeri CMCC No. 439 of 2011. The Appellant then filed an application seeking a stay of execution of the decree pending his appeal.
Issues
- Whether the Appellant's application for stay of execution of the decree is merited
- Whether the Appellant has demonstrated substantial loss that would result if the decree is not stayed
Reasoning
The court found that the application was not brought with unreasonable delay and that the Appellant demonstrated substantial loss that would result if the decree was not stayed.
Outcome
Granted
Orders
- Stay of execution of the decree pending the appeal
Remedies
- None
Authorities cited
Cases cited (4)
- Order 42 Rule 6 of the Civil Procedure Rules
- Kenya Shell Limited vs. Benjamin Karuga Kigibu & Ruth Wairimu Karuga (1982-1988)l KAR 1018
- Bungoma Hc Misc Application No 42 of 2011 James Wangalwa & Another vs. Agnes Naliaka Cheseto
- Antoine Ndiaye v. African Virtue University (2015)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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