Festus Luseka v Cornelus Bahati & 2 others [2018] KEELC 752 (KLR)
- Court
- Environment & Land Court
- Case number
- 752
- Citation
- [2018] KEELC 752 (KLR)
- Decided
- 21 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal with costsCoramN.A. MATHEKA
Holding
The application is dismissed with costs as an afterthought and an abuse of the court process.
Facts
The plaintiff/applicant has appealed against the award of costs, and the defendants have filed a bill of costs taxed at Ksh. 101,625/=. The plaintiff/applicant has applied to stay the execution of the costs order pending the hearing and determination of a Court of Appeal Civil Appeal.
Issues
- Whether the application to stay the execution of the costs order is valid
- Whether the plaintiff/applicant has offered security or a reason for the appeal
Reasoning
The court finds the application to be an afterthought and an abuse of the court process, as the plaintiff/applicant has not offered any security nor any reason for the appeal.
Outcome
The application is dismissed with costs.
Orders
- The execution of the order for costs be stayed pending the hearing and determination of Court of Appeal Civil Appeal No. 104 of 2018 Kisumu.
- That costs be in the course.
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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